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The state has approved a requirement that employers must distribute new workers' compensation materials as of October 8. The materials include the new hire pamphlet, claim forms and the posters that employers must use to inform employees of their rights and obligations under California workers' compensation laws.
Current versions of the new hire pamphlets, posting notices and claim forms will remain in effect only until October 8, at which time the new, updated versions will be required.
Employers are also required to provide employees with a form to predesignate their own personal physician, chiropractor, and/or acupuncturist. The authorization must be on file with the doctors signed approval at least 30 days before a workers compensation claim is filed. Otherwise, the employee has the ability to designate a Medical Provide Network (MPN) available to him or her through the Workers' Compensation Provider. Failure to provide these pre-designated forms at the time of hire can lead to penalties and an employer's loss of control over the medical claim.
These latest amendments require additional information on Medical Provider Networks (MPNs), eliminate references to vocational rehabilitation (which is no longer available), revise the state's web site references and make other changes intended to streamline the forms.
The MPN notice regulations require that before coverage is implemented, a complete, written MPN employee notification must be posted in both English and Spanish in a conspicuous location frequented by employees during the workday and in close proximity to the workers' compensation posting.
"Because the details on this 'complete written MPN employee notification' are MPN-specific, claims administrators are scrambling to make sure these notices are ready for employers to post by the Oct. 8 effective date," said a representative of the California Workers Compensation Institute (CWCI), a private non-profit organization of insurers and self-insured employers.
A medical provider network (MPN) is an entity or group of health care providers set up by an insurer or self-insured employer and approved by California's Division of Workers' Compensation administrative director to treat workers injured on the job. MPNs are required to meet access to care standards for common occupational injuries and work-related illnesses, thus the requirement for the new posters to include instructions in Spanish. Contact your workers' compensation insurance carrier to find out if or when they will be providing you with the new forms.
Workers' compensation is the nation's oldest social insurance program. It was adopted in most states, including California, during the 1920's. The workers' compensation system is based on a trade-off between employers and employees. Employees are entitled to receive prompt, effective medical treatment for on-the-job injuries or illnesses no matter who is at fault and, in return, are prevented from suing employers over those injuries.
As a result, California employers are required by law to have workers' compensation insurance, even if they have only one employee.
If an employer does not have Workers' Comp Insurance, they can face stiff fines of thousands of dollars and even be liable for the medical expenses of an injured employee.
To learn more about Workers' Compensation and other employer/employee related issues, contact me at 693-4477 and I'll be happy to discuss your needs with you. | 
