Chapter 4.5. Division of Workers' Compensation
Subchapter 1.5. Injuries on or After January 1, 1990
Article 7. Vocational Rehabilitation

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§10123.3. Referral to Rehabilitation Providers; Facilities.

(a) An insurer may not refer an injured worker to a rehabilitation provider or facility in which the insurer has a proprietary interest. Nothing in this subdivision shall be construed to restrict or prohibit return-to-work services provided by a health care organization certified under Section 4600.5 of the Labor Code.

(b) A rehabilitation provider may not refer an injured worker to a work evaluation facility or education or training program in which the rehabilitation provider has a proprietary interest or contractual relationship, express or implied. This extends to the provider's spouse, employer, co-employee or any party with whom he or she has entered into a contract, express or implied.

(c) An in-house qualified rehabilitation representative may provide vocational rehabilitation services only if the expenses charged to a claim for such services are disclosed to the insured and agreed to in advance.

(d) This section applies only to injuries which occur or or after January 1, 1994.

NOTE: Authority cited: Sections 133, 139.5, 139.6 and 5307.3, Labor Code. Reference: Section 139.5(h), Labor Code.

HISTORY

1. New section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 53).

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