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Case Name | Tenet/Centinela Hosp. Med. Ctr. v. Rushing | |
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Date | 05/18/2000 | |
Note | When applicant P&S, must comply with 4061/4062 before obtaining new treating physician. | |
Citation | 80 C.A.4th 1041, 65 CCC 477 | |
WCC Citation | WCC 24052000 CA |
Dr. Glousman treated Rushing continuously beginning in August 1995, performing surgery twice on her right knee and conducting follow-up care. In the category of 'Treatment Recommendations,' Dr. Glousman wrote that Rushing 'will continue on a home exercise program. 'As Rushing was not represented at the time, the hospital followed the requirements of Labor Code section 4061, subdivision (d), and provided her with a three-physician panel. The WCJ effectively ruled that Dr. Stokes was the primary treating physician, rationalizing that Rushing was entitled to change treating physicians when future medical care is warranted. Rushing seeks an award of supplementary attorney fees predicated on the assertion there was no reasonable basis for this petition for review.
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