Parker, Kern, Nard & Wenzel
Legal Updates

 

Personal Chiropractors or Acupuncturists
as Pre-Designated Treating Physicians

By
David H. Parker

Recently, confusion has arisen as to pre-designation of chiropractors as treating physicians. Final “Pre-Designation Regulations” became effective March 7, 2006 and affirm that the right to pre-designation of personal chiropractors or acupuncturists, as the right to pre-designation of treating physicians, is not an unfettered right.

An injured worker may change treating physicians to a personal chiropractor or acupuncturist following a work-related injury or illness, but only under limited circumstances. See Title 8, California Code of Regulations, section 9783.1.

Pre-designation of a chiropractor or acupuncturist may only take place if an employer or employer’s insurer does not have a Medical Provider Network. See DWC Form 9783.1. Furthermore, an employer generally has the right to select the treating physician during and within the first 30 days after knowledge of an alleged work-related injury or illness.

A personal chiropractor or acupuncturist may be pre-designated under current Regulations. However, the right to such pre-designation is limited, and certainly not existent if an employer or its insurer has a Medical Provider Network.