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MEDICAL REPORT SIGNED ONLY BY A NURSE PRACTIONER DEEMED INVALID
In Thomas v. Ralph's Grocery Company/The Kroger Company (2026 Cal. Wrk. Comp. P.D. LEXIS 238) an injured worker was treated at Concentra from which a medical report was signed only by a nurse practitioner who released the applicant to full duty without permanent disability and no need of further care. Based upon that report, the defense denied applicant's request for medical treatment and a new PTP.
The trial judge agreed with the defense position, which was overturned on reconsideration. The WCAB stated that under Labor Code section 3209.10 a nurse practitioner may not be designated as a PTP and therefore the medical report signed only by a nurse practitioner is invalid. In turn, the applicant is not barred from further care and can obtain a new PTP.
[COMMENT: A nurse practitioner can provide treatment services, but cannot legally be considered a PTP for final report writing purposes. The defense needed to have a doctor co-sign the report, or set a re-exam to allow a doctor to issue a valid PR-4 report.]
E-MAIL STRIKE OF QME IS VALID
In Heighton v. Gill Transport, Inc. (2026 Cal.Wrk.Comp. P.D. LEXIS 226) an applicant's attorney sent a PQME strike to defense counsel's personal e-mail. Defense considered the strike via e-mail as being too informal and invalid.The WCAB held that Labor Code section 4062.2(c) only requires that a timely strike be issued, without specifying the exact manner that the strike is communicated.
[COMMENT: L.C. 4062.2(c) provides the AD may prescribe the form, the manner, or both by which the parties conduct the selection process. To date, no such formal regulations exist.]
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