SB 1346: Workers’ compensation: aggregate disability payments.

Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of their employment. Existing law requires every employer to establish a utilization review process, as described, and establishes an independent medical review process to resolve disputes over a utilization review decision, as specified. Existing law requires that aggregate disability payments for a single injury occurring on or after certain dates be limited to no more than 104 or 240 compensable weeks, as provided.

This bill would authorize, on or after January 1, 2025, the Workers Compensation Appeals Board to award temporary disability benefits, as specified, if a denial of treatment requested by a treating physician is subsequently overturned by independent medical review. The bill would prohibit the temporary disability awarded by the Workers Compensation Appeals Board from exceeding the time from the date of the treatment denial through the date of the independent medical review determination overturning the treatment denial.