Is a plaintiff entitled to recover the costs of medical treatment paid by his employer under workers' compensation?

California, United States of America


The following excerpt is from Melissa v. State Farm Mut. Auto. Ins. Co., B281732 (Cal. App. 2018):

Additionally, the injured worker is entitled to recover the costs of medical treatments "reasonably required to cure or relieve . . . the effects of his or her injury." (Lab. Code, 4600, subd. (a).) That right is subject to certain limitations, as "[e]mployers and their insurers may establish or contract with a medical provider network to treat injured employees. [Citation.] An injured employee may visit medical providers outside such networks only if the employer has not established a network or if the employee notified the employer in writing prior to the date of injury that he or she has a personal physician. [Citation.]" (Chorn v. Workers' Comp. Appeals Bd. (2016) 245 Cal.App.4th 1370, 1377.) Generally, medical providers are permitted to assert liens on workers' compensation benefits for the costs of medical services that are unpaid or contested. (Ibid.)

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