Cortez

Both this case and its companion case, Nunez v. Workers’ Comp. Appeals Bd. (2006) 136 Cal.App.4th 584 [ 38 Cal.Rptr.3d 914 ] (Nunez), concern the procedure to be applied for medical evaluation of a represented employee where the date of an industrial injury precedes January 1, 2005. In Nunez , we rejected the argument that the procedure enacted under Senate Bill No. 899 (Senate Bill 899) applies to such cases. In this case, we reject the claim that neither the new nor the former procedure applies.

Manuel Cortez petitions this court to annul the order of the Workers’ Compensation Appeals Board (Board), which compels a medical evaluation by his employer, respondent C.T. & R, Inc., under former section 4062. Cortez contends that there is no applicable medical evaluation and reporting procedure since his industrial injury occurred in 1999 and he is represented by counsel. The procedure of former section 4062 was repealed and replaced by the procedure of section 4062.2 under Sen. Bill 899, which states under subdivision (a) that, “Whenever a comprehensive medical evaluation is required to resolve any dispute arising out of an injury or a claimed injury occurring on or after…