California Labor Code Section 4064
Legal Research Home >
California Laws > Labor Code > California Labor Code Section 4064
4064. (a) The employer shall be liable for the cost of each
reasonable and necessary comprehensive medical-legal evaluation
obtained by the employee pursuant to Sections 4060, 4061, and 4062.
Each comprehensive medical-legal evaluation shall address all
contested medical issues arising from all injuries reported on one or
more claim forms, except medical treatment recommendations, which
are subject to utilization review as provided by Section 4610, and
objections to utilization review determinations, which are subject to
independent medical review as provided by Section 4610.5.
(b) For injuries occurring on or after January 1, 2003, if an
unrepresented employee obtains an attorney after the evaluation
pursuant to subdivision (d) of Section 4061 or subdivision (b) of
Section 4062 has been completed, the employee shall be entitled to
the same reports at employer expense as an employee who has been
represented from the time the dispute arose and those reports shall
be admissible in any proceeding before the appeals board.
(c) Subject to Section 4906, if an employer files a declaration of
readiness to proceed and the employee is unrepresented at the time
the declaration of readiness to proceed is filed, the employer shall
be liable for any attorney's fees incurred by the employee in
connection with the declaration of readiness to proceed.
(d) The employer shall not be liable for the cost of any
comprehensive medical evaluations obtained by the employee other than
those authorized pursuant to Sections 4060, 4061, and 4062. However,
no party is prohibited from obtaining any medical evaluation or
consultation at the party's own expense. In no event shall an
employer or employee be liable for an evaluation obtained in
violation of subdivision (b) of Section 4060. All comprehensive
medical evaluations obtained by any party shall be admissible in any
proceeding before the appeals board except as provided in Section
4060, 4061, 4062, 4062.1, or 4062.2.
Last modified: February 22, 2013