Each employer must display in a conspicuous location frequented by all employees an informational poster that details their workers’ compensation rights, Notice to Employees-Injuries Caused By Work.1
If you have Spanish-speaking employees, you must provide the notice in both English and Spanish. Your workers compensation carrier is required to make available this required notice to their policy holders. This required posting notifies your employees of the following:
If an employer uses Medical Provider Networks(MPN), the complete written MPN employee notification must be posted in both English and Spanish in a conspicuous location frequented by employees during the hours of the workday and next to the workers’ compensation posting.
You must give a complete written MPN employee notification about coverage under the MPN to employees at the time of hire, at the time of injury, or when an employee with an existing injury begins treatment under the MPN. The insurer or the employer must notify an injured employee of his or her right to be treated by a physician of his or her choice within the MPN after the first visit with the MPN physician and the method by which the list of participating providers may be accessed by the employee.
Every MPN must post on its website the names of all participating medical providers and ancillary service providers (e.g. MRI scan facilities) along with their address and telephone number.2 This is to provide easy access to injured employees to all of the providers within a particular MPN.
The California Supreme Court has ruled that an injured employee may receive treatment within the MPN, paid for by the industrial insurance carrier. However, the injured employee may nonetheless obtain treatment outside the MPN on a private-pay basis. Reports obtained outside the MPN may not be the only evidence to support an award of benefits, and such reports are not admissible to resolve disputes over diagnosis and treatment within an MPN.3
MPN regulations include:4
Failure to post the required Notice to Employees-Injuries Caused By Work notice is a misdemeanor and automatically constitutes prima facie evidence of noninsurance.5 Failure to post the required notice also automatically permits the employee to be treated by their own personal physician for an injury that occurs during the period that the notice was not posted.6
However, failure to post the required MPN notice or to provide notice of the existence of the MPN shall not be a basis for an employee treating outside of an MPN, unless it is shown that the failure to provide notice “resulted in the denial of medical care.” The burden is on the employee to prove that the failure to display the required posting resulted in a denial of care. As a cautionary warning, note the en banc decision in Knight v. UPS (2006) where the WCAB concluded that simply failing to give the required MPN notice and instructions on how to use the MPN to the employee was a de facto “denial of medical care,” entitling the employee to procure medical treatment outside of the MPN and making the cost of those services the liability of the employer and its insurance carrier.7
1. Lab. Code sec. 3550
2. Lab. Code sec. 4616(a)(4),
3. Valdez v. WCAB, 57 Cal.4th 1231 (2013)
4. Lab. Code sec. 4616 and 8CCR sec. 9767.5
5. Lab. Code sec. 3550(b)
6. Lab. Code sec. 3550(e)
7. Lab. Code sec. 4616.3(b); Knight v. UPS, 71 CCC 1423 (2006); Lazcano v. Lutheran High School, Cal. Wrk. Comp. P.D. LEXIS 99 (2022)