Tenet/Centinela Hospital Medical Center v. Workers' Compensation Appeals Board

Introduction

Employer, Tenet/Centinela Hospital Medical Center (the hospital), seeks a writ of review directing the Workers’ Compensation Appeals Board (the WCAB) to vacate its order denying reconsideration of the findings and award of the workers’ compensation judge (WCJ) based on the report of Edward G. Stokes, M.D. In pursuit of its petition, the hospital contends that Dr. Stokes’s report is inadmissible because Ronald Glousman, M.D., was the *1044 primary treating physician pursuant to California Code of Regulations, title 8, section 9785, subdivision (b) (section 9785). 1 We issued the writ. We hold that where the primary physician has declared the employee’s injury to be permanent and stationary, released the employee to return to work, and prescribed no furthur doctor-involved treatment or visits, the employee was discharged and was thus required to comply with the provisions of section 9785, subdivision (b) and Labor Code sections 4061 and 4062, to change primary treating doctors. Accordingly, we annul the award of the WCAB.

Factual and Procedural Background

Carolyn Rushing sustained an injury to her right knee on July 12, 1995, in the course of her employment…