Otherwise, the employer has the right to control medical treatment for the first 30 days after an injury. During the first 30 days, the employee may make a one-time request for a change of physician. After the first 30 days, the employee may choose their own treatment provider, subject to any applicable MPN.

Designating a Physician

Although employees have the right to notify you that they have a personal medical physician (M.D.), Doctor of Osteopathic Medicine (D.O.) or medical group, specific rules govern this predesignation.1

Employees may make a valid physician predesignation only if:

• The employee has healthcare coverage for injuries or illnesses that are not work related.
• The physician is the employee’s regular physician, who limits their practice of medicine to general practice or is a board-certified or board-eligible internist, pediatrician, obstetrician/gynecologist or family practitioner. In addition, the physician has previously directed the employee’s medical treatment and retains the employee’s medical records.
• Prior to the injury, the employee’s physician agrees to treat them for work injuries or illnesses.
• Prior to the injury, the employee provided you the following information in writing:
• Notice that the employee wants their personal physician to treat them for a work-related injury or illness.
• The employee’s personal physician’s name and business address.

Also, the employee can predesignate a medical group, corporation, partnership or association of licensed physicians of medicine or osteopathy as a primary treating physician for workers’ compensation treatment purposes. The group must be an integrated, multi-specialty medical group that provides comprehensive medical services predominantly for nonoccupational illnesses and injuries.

• Effective January 1, 2023, Labor Code section 4600 includes Licensed Clinical Social Workers in the list of professionals that can provide medical services to injured employees. However, social workers cannot be designated as a primary treating physician and cannot certify disability. Involvement of a Licensed Clinical Social Worker requires referral by another physician.

You must notify employees of the right to predesignate a personal physician. You must provide new employees with a physician predesignation form when you hire them or by the end of the first pay period. Employees who have properly predesignated a personal physician are entitled to be treated by that physician even if the employee would otherwise be treated within an MPN.

If emergency or first aid treatment is required, you must provide it. However, employees can obtain follow-up treatment with their predesignated personal physicians.

• Personal Physician Designation Form
• Personal Physician Designation Form - Spanish

Under Labor Code section 3550(e), if an employer fails to post a notice regarding workers’ compensation coverage, benefits and procedures, an injured worker may obtain medical treatment from a personal physician regardless of whether the personal physician was predesignated.

See Penalties for Failing to Post Workers’ Compensation Notice” on the Workers’ Compensation Poster and MPN Posting page for more information.

Designating a Chiropractor or Acupuncturist

If your employees are not governed by an MPN, you must provide your employees with a form that allows them to predesignate a chiropractor or acupuncturist when you hire them or by the end of the first pay period. The employee must have filled out and returned the form to you prior to the injury.

The chiropractor or acupuncturist must be the employee’s regular chiropractor or acupuncturist, must have previously directed the employee’s treatment and also must retain the employee’s treatment records and history. The chiropractor or acupuncturist must be licensed under the Business and Professions Code. The chiropractor or acupuncturist need not agree to treat the employee for work-related injuries before the predesignation.

An employee can predesignate a personal chiropractor and/or personal acupuncturist, but cannot insist on being initially treated by that practitioner. For the first 30 days following an injury, you have the right to refer the employee to your physician or to the employee’s predesignated personal physician first. After the initial visit, the employee can request that further treatment be provided by their predesignated personal chiropractor or acupuncturist.

For injuries on or after January 1, 2004, the personal chiropractor can only be the employee’s treating physician for a maximum of 24 chiropractic visits per injury, unless additional visits are authorized in writing by the employer or claims administrator.2 After that, the employee must choose a non-chiropractic treating physician to continue treatment.

• Personal Chiropractor or Acupuncturist Designation Form
• Personal Chiropractor or Acupuncturist Designation Form - Spanish

Change of Physician

An employee may request a change of physician at any time.3 You must provide an alternative physician within five days of the request or authorize the employee’s newly designated physician. If you have a Medical Provider Network, the newly designated physician must be within the network, unless the employer grants the employee the right to seek treatment with a physician outside the Medical Provider Network.

If an employee requesting a change of physician notifies you in writing prior to the date of injury that they have a personal chiropractor or personal acupuncturist, the alternative physician you provide must be the employee’s personal chiropractor or acupuncturist if so requested.

1. Lab. Code sec. 4600(d)

2. Lab. Code secs. 4600(c), 4604.5(c)

3. Lab. Code sec. 4601