Dear California Neurologist,
Bob Weinmann here, your current President of the California
Neurology Society.
It is very likely you have patients who have been injured on the job.
Please be aware that your injured patients, especially those engaged in industrial occupations sustain the most frequent damage not only from cutback Utilization Review practices but also from purposive neglect of Duty of Care that YOU, as their neurologist working in California, are legally bound to provide.
Here's a case summary: Kirk King sustained back injury in 2008. Medication was prescribed by the treating doctor. Then the Utilization Review (UR) doctor (licensed out of state) revoked the authorization so the medication was stopped. King developed convulsive seizures because of the UR doctor's acute withdrawal of medication (clonazepam). The patient sued (a tort claim). The case reached the California Supreme Court where it was decided that the exclusive remedy for this type of dispute was entirely within the purview of the utilization review process, but not all of the justices were entirely on board. Justice Mariano-Florentino Cuellar was quoted to have said that
protections for injured workers "may not be set at optimal levels and the legislature may find it makes sense to change them".
THAT is what I am asking all California neurologists to take note of and support. We MUST require that physicians who perform UR in California be licensed in California and subjected to the same duty of care requirements as YOU are for your patient’s well-being.
Go to our CNS website for more details here:
https://cnslegislativecommittee.org/what-you-can-do
It is recommended you write a generic cover letter of your own in regard to your injured patient and send it to your own state senator and assembly representative with a copy of this King report. Be guided by the information available on the CNS legislative website; feel free to use the letter template provided.
Explore the website; stay informed of how legislative matters impact you, your patient, your practice.
It is my honor to represent you every day,
Yours sincerely,
Robert Weinmann, MD
President
California Medical Society
Chair, Legislative Committee
Ref: "Weinmann: UR Physicians Do Not Owe Injured Workers Duty of Care," Workcompcentral, 09/18/2018
