Samaras vs. Deluxe Laboratories (80 Cal. Comp. Cases 740): Injured Worker awarded right to select a new primary treating physician and to return to the WCAB for medical care disputes

Court of Appeal, Second District, May 29, 2015

Defendant claimed the injured worker could not select a new primary treating physician and ignored the new primary treating physician’s timely, valid requests for authorization.  The WCAB sided with the injured worker and Rowen, Gurvey & Win that the original medical reporting at discharge found the need for future medical care.  The WCAB allowed the injured worker to select a primary treating physician and stated further WCAB hearings were allowable to determine if the medical treatment as requested by the injured worker’s chosen primary treating physician was supported by substantial medical evidence.