Labor Code 4055.2

Party may subpoena medical records in any proceeding under this division. Person in possession of the records must be served and a copy of the subpoena must be sent to all parties in the proceeding.

Labor Code 4061(a)(2)

Employee requesting compensation for permanent disability that may be payable, but the injury is not yet permanent or stable may be monitored until it is permanent. At which time, the employee will be evaluated to determine the extent of permanent disability and the need for continuing medical care, or the employer will disclose the amount payable for the disability.

Labor Code 4061(c)

If there is disagreement between the parties regarding the permanent disability on the basis of the treating physician's evaluation of a represented employee then a medical evaluation pursuant to 4062.2 must be obtained.

Labor Code 4061(d)

If the parties do not agree as to whether there is a permanent disability on the basis of the treating physician's evaluation of an unrepresented employee then either party may request a medical evaluation as provided in 4062.1

Labor Code 4061(f)

If any comprehensive evaluation of the employee's permanent disability indicates that it may be subject to apportionment (4663, 4664), then it must be submitted by the administrative director to a workers' compensation judge. The judge may send the report back to the medical evaluator for correction or clarification.

Labor Code 4061.5

The physician treating the injured employee or a physician designated by her shall provide opinions on all medical issues as needed to determine compensation eligibility. If there is more than one treating physician, then the primary physician shall compile a single report that includes the findings of all the physicians.

Labor Code 4062(a)

Either the employee or the employer may object to the medical determination made by the treating physician provided that the medical issue does not fall within the exceptions from objections. If the employee objects to the utilization review decision to modify, delay , or deny the recommended treatment, the employee must notify the employer. If the employer has an attorney a medical evaluation must be obtained as provided and no other medical evaluation may be obtained. If the employee is not represented by an attorney, a medical evaluation must be obtained through the request of a three member panel of qualified evaluators and no other evaluation may be obtained.

Labor Code 4062.3 (2004)

In order to determine medical issues in regards to workers' compensation, the parties may submit the following to an agreed upon medical evaluator: records from the treating physicians), medical records relevant to determining the medical issue. The medical evaluator must prepare a report and indicate all information received, all information reviewed for the report, and all information relied upon in forming her opinion.

Labor Code 4064(b)

An employee that was unrepresented at the time of the medical evaluation and later obtains an attorney is entitled to the same reports that employee represented at the time of evaluation is entitled to.

Labor Code 4055

Physician conducting examinations pursuant to 4050, may be required to report or testify as to the results of the examination.