Bulletin No. 52-04
November 19, 2004

Petition for Writ of Mandate Challenging section 9767.9 of the Medical Provider Network Regulations is denied by the California Appellate Court

On November 10, 2004, a petition for writ of mandate and request for immediate stay was filed by Joanne D'Amato (an injured worker), DeMarco Foster (an injured worker), California Applicants' Attorneys Association, and J. David Schwartz (President of CAAA) (Joanne D'Amato, DeMarco Foster, California Applicants' Attorneys Association, and J. David Schwartz v. Division of Workers' Compensation and Andrea Hoch, Case No. C048233) challenging DWC's authority to enact regulation section 9767.9 and challenging the constitutionality of the regulation. Section 9767.9 sets forth the procedure to transfer injured workers with ongoing care into a medical provider network. Labor Code section 4616 et seq. sets forth the authority for the Administrative Director of the DWC to adopt regulations to implement medical provider networks.

The DWC filed a Preliminary Opposition to the writ on November 15, 2004. On November 18, 2004, the Appellate Court denied the writ because "[t]here is presently no aggrieved party." The Medical Provider Network regulations, Title 8, California Code of Regulations, sections 9767.1 through 9767.14, provide for the establishment of medical provider networks. The Division of Workers' Compensation is currently receiving and reviewing applications for medical provider networks, which may be implemented on or after January 1, 2005.