As another Legislation Session comes to end, we summarize the new workers' compensation laws that become effective in 2020 which include:

Independent Contractor (AB 5): The three-part "ABC Test" under Dynamex is now codified to be used in any scenario in determining whether a worker is an independent contractor vs. employee, with a growing list of carved-out occupational exemptions. Borello's "control test" remains applicable for disputes within the exempted occupational categories. [COMMENT: Decreases the likelihood of a worker being classified as an independent contractor.]

New MPN Requirements (SB 537): Complex bill that includes the AD to explore potential payment alternatives to the OMFS; requires the AD to establish a database on how often a particular physician's treatment requests are modified or denied by UR; defines "normal business day" (when determining UR deadlines) to exclude Saturday, Sunday and specified holidays by Dept. Human Resources or per the Governor; requires all MPNs to post on their internet websites a roster of all approved physicians; and allows only the prescribing physician to modify any treatment requests which must also bear the providers national identifier number. [COMMENT: Resolves conflicting WCAB decisions on what constitutes a holiday for UR timing purposes which now includes the Day After Thanksgiving, thus overturning Gomez .]