Legal Question in Workers Comp in California

My question is one of our manager hurt his shoulder helping one of his employees lift a part. He reported the injury and was sent to industrial health clinic. He was given over the counter medication and wore a sling for a week. (is this considered first aid) My supervisor then ask me to call the clinic and request an MRI and still keep it a first aid. The clinic said this was not normal protical and they needed an authorization from claims adjuster. No claim had been submitted since this was first aid and my supervisor wanted to pay the bill with her company credit card. Is this ethical and shouldn't this have been reported. I know usually you would need a follow up visit and a discharge visit to explain the finding of the MRI.

I understand an MRI is diagnostic and and not osha recordable but shouldn't have reported this to the workers comp carrier with a DWC form?

Asked on 5/09/12, 6:04 pm

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1 Answer from Attorneys

Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Yes, the workers compensation insurance carrier should have been notified by your company of the injury on a form prescribed by the Administrative director according to the labor codes. Apparently no claim has been submitted, which may cause problems later on because the employer, through the workers compensation carrier, is required to report work injuries to the department of industrial relations. The fact that your manager went to an industrial health clinic means it is too late to claim first aid.

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Answered on 5/09/12, 8:14 pm

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