Is service of the primary treating physician's report on the attorney of the represented employee required?

California, United States of America


The following excerpt is from Pinkerton v. Wk's Comp. Appeals Bd., 107 Cal.Rptr.2d 787, 89 Cal.App.4th 1019 (Cal. App. 2001):

The regulation also is ambiguous as to whether service of the primary treating physician's report on the attorney of a represented employee is required because of the disjunctive word, "or." However, sections 4061 and 4062, which specify different times in which represented and unrepresented employees may object to the primary treating physician's report (see Strawn v. Golden Eagle Ins. Co. (2000) 28 Cal. Workers' Comp. Rptr. 105), seem to require service of the report on a represented employee's attorney.

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