8 CCR § 9767.6 — Treatment and Change of Physicians Within MPN

Where this sits

Chapter 4.5.
Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 3.5. Medical Provider Networks

The regulation, as printed

(a) When the injured covered employee notifies the employer or insured employer of the injury or files a claim for workers' compensation with the employer or insured employer, the employer or insurer or entity that provides physician network services shall arrange an initial medical evaluation with a MPN physician in compliance with the access standards set forth in section 9767.5. (b) Within one working day after an employee files a claim form under Labor Code section 5401, the employer or insurer shall provide for all treatment, consistent with guidelines adopted by the Administrative Director pursuant to Labor Code section 5307.27 and as set forth in title 8, California Code of Regulations, section 9792.20 et seq. (c) The employer or insurer shall provide for the treatment with MPN providers for the alleged injury and shall continue to provide the treatment until the date that liability for the claim is rejected. Until the date the claim is rejected, liability for the claim shall be limited to ten thousand dollars ($10,000). (d) The insurer or employer shall notify the employee of his or her right to be treated by a physician of his or her choice within the MPN after the first visit with the MPN physician and the method by which the list of participating providers may be accessed by the employee. (e) At any point in time after the initial medical evaluation with an MPN physician, the covered employee may select a physician of his or her choice from within the MPN. Selection by the covered employee of a treating physician and any subsequent physicians shall be based on the physician's specialty or recognized expertise in treating the particular injury or condition in question. If a chiropractor is selected as a treating physician, the chiropractor may act as a treating physician only until the 24-visit cap is met unless otherwise authorized by the employer or insurer, after which the covered employee must select another treating physician in the MPN who is not a chiropractor, and if the employee fails to do so, then the insurer or employer may assign another treating physician who is not a chiropractor. (f) The insurer or employer shall deliver to the initial primary treating MPN physician selected by the employee, within twenty (20) days of notice of selected physician, all relevant medical records relating to the claim, if any, including the results of diagnostic and laboratory testing done in relation to the injured employee's treatment. The insurer or employer shall provide any subsequently selected MPN physician with any medical record or diagnostic and laboratory test result deemed relevant by that provider upon request. The insurer or employer shall also provide all selected MPN physicians with the relevant MPN identification number; and the name, telephone number, fax number, mailing address, and, if applicable as an option, email address and/or name of insurer's clearinghouse to whom or where requests for authorization and bills should be sent. (g) A Petition for Change of Primary Treating Physician, as set forth at section 9786, cannot be utilized to seek a change of physician for a covered employee who is treating with a physician within the MPN, except as allowed under subdivision (b)(6) of section 9786. If the employer petitions to change the Primary Treating Physician pursuant to Labor Code section 4603, the panel of physicians shall be from the current MPN provider listing and shall meet the applicable MPN Access Standards. Credits

Official text at dir.ca.gov →

The statute above this rule

Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.

ImplementsLabor Code § 4604.5 Labor Code § 4616 Labor Code § 4616.3 Labor Code § 5401

Written under§ 4616

Authority and history

Note: Authority cited: Sections 133, 4616(h) and 5307.3, Labor Code. Reference: Sections 4604.5, 4616, 4616.3, 5307.27 and 5401, Labor Code.

1. New section filed 11-1-2004 as an emergency; operative 11-1-2004 (Register 2004, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-1-2005 or emergency language will be repealed by operation of law on the following day. 2. New section refiled 2-28-2005 as an emergency; operative 3-1-2005 (Register 2005, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-29-2005 or emergency language will be repealed by operation of law on the following day. 3. New section refiled 6-20-2005 as an emergency; operative 6-29-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-27-2005 or emergency language will be repealed by operation of law on the following day. 4. Certificate of Compliance as to 6-20-2005 order, including amendment of section, transmitted to OAL 7-29-2005 and filed 9-9-2005 (Register 2005, No. 36). 5. Amendment of subsections (b) and (f) filed 8-9-2010; operative 10-8-2010 (Register 2010, No. 33). 6. Amendment of subsections (a) and (e) and amendment of Note filed 8-27-2014; operative 8-27-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 35). 7. New subsection (f), subsection relettering and amendment of newly designated subsection (g) filed 12-30-2025; operative 4-1-2026 (Register 2026, No. 1).

What panels did with this rule

Released decisions that named § 9767.6, with the passage each turned on. A panel decision persuades; it does not bind.

ADJ9600339 · 2026-06-22 · Los Angeles District Office8 CCR § 9767.6
Determinative passage · p.4AD Rule 9767.6(e) clearly provides employees with the right to designate who will treat them within an MPN:
Applicant's selection of Dr. Patterson was authorized under this rule despite omission from the MPN directory.
Official decision · page 4 →
ADJ12308686 · 2026-06-11 · Los Angeles District Office8 CCR § 9767.6
Determinative passage · p.5The MPN access standards measure adequacy for brain-injury conditions according to the availability of recognized medical specialists. There is no board-certified specialty titled "brain injury specialist" in the manner that neurology exists as an established specialty. A boardcertified neurologist possesses the medical qualifications necessary to diagnose, treat, and manage brain injuries including post-concussion syndrome and post-traumatic vertigo. Defendant therefore satisfied its obligation under section 4600 when it provided applicant with the names of three qualified neurologists located within the required geographic boundaries.
Defendant met requirements by providing access to three neurologists within the MPN for applicant's brain injury condition.
Official decision · page 5 →
ADJ9787530 · 2026-03-03 · Oxnard District Office8 CCR § 9767.6
Determinative passage · p.6Lien claimant further asserts that defendant refused or neglected medical treatment such that applicant was entitled to seek treatment with a physician of his choosing at employer expense. Lien claimant contends that pursuant to AD Rule 9767.6, the employer is obligated to "provide for all treatment, consistent with guidelines adopted by the Administrative Director pursuant to Labor Code section 5307.27 and as set forth in title 8, California Code of Regulations, section 9792.20 et seq." (Cal. Code Regs., tit. 8, § 9767.6, subd. (b).) Lien claimant asserts, "there is no evidence to suggest that treatment was commenced one working day within the Defendants' MPN." (Petition, at p. 5:9.)
Lien claimant argued employer failed to provide timely treatment, but evidence showed timely care was provided.
Official decision · page 6 →
ADJ19947925 · 2025-05-19 · Pomona District Office8 CCR § 9767.6
Determinative passage · p.4III. We highlight the following legal principles that may be relevant to our review of this matter: Section 4600 requires the employer to provide reasonable medical treatment to cure or relieve from the effects of an industrial injury. (Lab. Code, § 4600(a).) If an employer has established an MPN, injured workers are generally limited to treatment with a physician from within that MPN. (Lab. Code, § 4600(c), 4616 et seq.) Pursuant to WCAB Rule 9767.6(e), at any point in time after the initial medical evaluation with the MPN physician, "the covered employee may select a physician of his or her choice from within the MPN." (Cal. Code Regs., tit. 8, § 9767.6(e).) Further, pursuant to WCAB Rule 9767.7(a), "[i]f the covered employee disputes either the diagnosis or the treatment prescribed by the primary treating physician or the treating physician, the employee may obtain a second and third opinion from physicians within the MPN." (Cal. Code Regs., tit.
Employee may select physician within MPN after initial evaluation.
Official decision · page 4 →
ADJ12031213 · 2021-06-29 · Van Nuys District Office8 CCR § 9767.6
Determinative passage · p.5At any point in time after the initial medical evaluation with an MPN physician, the covered employee may select a physician of his or her choice from within the MPN. Selection by the covered employee of a treating physician and any subsequent physicians shall be based on the physician's specialty or recognized expertise in treating the particular injury or condition in question.
Applicant must select physician from MPN list; failure to do so undermines claim.
Official decision · page 5 →
ADJ9086333 · 2014-02-07 · Los Angeles District Office8 CCR § 9767.6
Determinative passage · p.416 The WCJ also did not address Rule 9767.6(c) of the Rules of the Administrative Director, which
Official decision · page 4 →

Rules beside this one

Article 3.5. Medical Provider Networks — regulations rarely stand alone, and the answer is often two sections away.

§ 9767.3Application for a Medical Provider Network Plan.2 decisions
§ 9767.4Cover Page for Medical Provider Network Application or Plan for Reapproval.
§ 9767.5Access Standards9 decisions
§ 9767.7Second and Third Opinions1 decisions
§ 9767.8Modification of Medical Provider Network Plan
§ 9767.9Transfer of Ongoing Care into the MPN.6 decisions

Search the catalogue for 9767.6 →The Labor Code above it →

The regulation, as printed

Authority and history

Note: Authority cited: Sections 133, 4616(h) and 5307.3, Labor Code. Reference: Sections 4604.5, 4616, 4616.3, 5307.27 and 5401, Labor Code.

What panels did with this rule

Released decisions that named § 9767.6, with the passage each turned on. A panel decision persuades; it does not bind.

ADJ9600339 · 2026-06-22 · Los Angeles District Office8 CCR § 9767.6

Determinative passage · p.4AD Rule 9767.6(e) clearly provides employees with the right to designate who will treat them within an MPN:

Applicant's selection of Dr. Patterson was authorized under this rule despite omission from the MPN directory.

Official decision · page 4 →

ADJ12308686 · 2026-06-11 · Los Angeles District Office8 CCR § 9767.6

Determinative passage · p.5The MPN access standards measure adequacy for brain-injury conditions according to the availability of recognized medical specialists. There is no board-certified specialty titled "brain injury specialist" in the manner that neurology exists as an established specialty. A boardcertified neurologist possesses the medical qualifications necessary to diagnose, treat, and manage brain injuries including post-concussion syndrome and post-traumatic vertigo. Defendant therefore satisfied its obligation under section 4600 when it provided applicant with the names of three qualified neurologists located within the required geographic boundaries.

Defendant met requirements by providing access to three neurologists within the MPN for applicant's brain injury condition.

Official decision · page 5 →

ADJ9787530 · 2026-03-03 · Oxnard District Office8 CCR § 9767.6

Determinative passage · p.6Lien claimant further asserts that defendant refused or neglected medical treatment such that applicant was entitled to seek treatment with a physician of his choosing at employer expense. Lien claimant contends that pursuant to AD Rule 9767.6, the employer is obligated to "provide for all treatment, consistent with guidelines adopted by the Administrative Director pursuant to Labor Code section 5307.27 and as set forth in title 8, California Code of Regulations, section 9792.20 et seq." (Cal. Code Regs., tit. 8, § 9767.6, subd. (b).) Lien claimant asserts, "there is no evidence to suggest that treatment was commenced one working day within the Defendants' MPN." (Petition, at p. 5:9.)

Lien claimant argued employer failed to provide timely treatment, but evidence showed timely care was provided.

Official decision · page 6 →

ADJ19947925 · 2025-05-19 · Pomona District Office8 CCR § 9767.6

Determinative passage · p.4III. We highlight the following legal principles that may be relevant to our review of this matter: Section 4600 requires the employer to provide reasonable medical treatment to cure or relieve from the effects of an industrial injury. (Lab. Code, § 4600(a).) If an employer has established an MPN, injured workers are generally limited to treatment with a physician from within that MPN. (Lab. Code, § 4600(c), 4616 et seq.) Pursuant to WCAB Rule 9767.6(e), at any point in time after the initial medical evaluation with the MPN physician, "the covered employee may select a physician of his or her choice from within the MPN." (Cal. Code Regs., tit. 8, § 9767.6(e).) Further, pursuant to WCAB Rule 9767.7(a), "[i]f the covered employee disputes either the diagnosis or the treatment prescribed by the primary treating physician or the treating physician, the employee may obtain a second and third opinion from physicians within the MPN." (Cal. Code Regs., tit.

Employee may select physician within MPN after initial evaluation.

Official decision · page 4 →

ADJ12031213 · 2021-06-29 · Van Nuys District Office8 CCR § 9767.6

Determinative passage · p.5At any point in time after the initial medical evaluation with an MPN physician, the covered employee may select a physician of his or her choice from within the MPN. Selection by the covered employee of a treating physician and any subsequent physicians shall be based on the physician's specialty or recognized expertise in treating the particular injury or condition in question.

Applicant must select physician from MPN list; failure to do so undermines claim.

Official decision · page 5 →

ADJ9086333 · 2014-02-07 · Los Angeles District Office8 CCR § 9767.6

Determinative passage · p.416 The WCJ also did not address Rule 9767.6(c) of the Rules of the Administrative Director, which

Official decision · page 4 →

Rules beside this one

Article 3.5. Medical Provider Networks — regulations rarely stand alone, and the answer is often two sections away.

§ 9767.3Application for a Medical Provider Network Plan.2 decisions

§ 9767.4Cover Page for Medical Provider Network Application or Plan for Reapproval.

§ 9767.5Access Standards9 decisions

§ 9767.7Second and Third Opinions1 decisions

§ 9767.8Modification of Medical Provider Network Plan

§ 9767.9Transfer of Ongoing Care into the MPN.6 decisions

Treatment and Change of Physicians Within MPN 8 CCR § 9767.6

Where this sits

The regulation, as printed

The statute above this rule

Authority and history

What panels did with this rule

Rules beside this one

Your case already resembles someone else’s. Find whose.

Treatment and Change of Physicians Within MPN 8 CCR § 9767.6

Where this sits

The regulation, as printed

The statute above this rule

Authority and history

What panels did with this rule

Rules beside this one

Your case already resembles someone else’s. Find whose.