Opinion No. (1999)

BILL LOCKYER Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE SALLY M. HAVICE, MEMBER OF THE CALIFORNIA STATE ASSEMBLY, has requested an opinion on the following question: May a physician enter into an agreement with a group of licensed and certified professionals to perform work hardening and rehabilitation services for patients, where the physician would control the scope of the services by prescription, obtain payment from a workers' compensation insurance carrier for the services, and retain a portion of the fee after compensating the group? CONCLUSION A physician may not enter into an agreement with a group of licensed and certified professionals to perform working hardening and rehabilitation services for patients, where the physician would control the scope of the services by prescription, obtain payment from a workers' compensation insurance carrier for the services, and retain a portion of the fee after compensating the group. ANALYSIS "Work hardening services" allow an employee who has been injured to return to work by practicing on tasks relevant to a specific job. If the worker is unable to perform the tasks, certain work restrictions may be…