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Replying to Thread: Your Thoughts?
Created On Monday 12, February, 2007 3:51 PM by WorkCompTeam

WorkCompTeam
Member

Posts: 37
Joined: Jul 2003

Monday February 12, 2007 3:51 PM

If an employer has not been providing the Facts About Workers' Compensation pamphlet - but has been providing the MPN letters in it's place - to all newly hired employees....is this going to put them into any sort of penalty situations based upon the fact the corresponding regulation states that Employer "shall" provide written notice to employees concerning, rights, benefits and obligations under work comp law etc. etc. Based upon my review of the MPN forms - the forms do not address the items required in Reg. 9880, which are contained in the Facts About Work Comp pamphlet.

Should the employer consider a separate mailing of such pamphlets for the time period in which they stopped providing aforementioned pamphlets? Or, if they provide them moving forward will that suffice?

If they do not provide these notices to employees that have been hired over the last 6 months - what sort of penalty situation are they facing?

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cjames01
Junior Member

Posts: 2
Joined: Apr 2005

Wednesday April 11, 2007 6:05 PM

I took an MPN class last year. We were told that if the MPN and facts for injured worker pamphlets were not distributed to all employees and the W/Comp Information is not Posted in a well traveled place, the employer may be opening up an exposure which allows for the injured worker through litigation to treat outside the MPN.

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ymcgavin@socal.rr.com
Senior Member

Posts: 1351
Joined: Jun 2002

Wednesday April 11, 2007 6:13 PM

Hi Usi,

Initially, welcome to the WCC Pro Forums.

You heard correctly. The case is a WCAB en banc decision, and you can read the basis for the loss of medical control by clicking on the name of the case: Knight v. UPS.

York McGavin
ymcgavin@socal.rr.com

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gaiassoul1@yahoo.com
Senior Member

Posts: 1275
Joined: Feb 2004

Wednesday April 25, 2007 6:54 PM

And the idea of doing a seperate mailing is difficult, re-notice everyone of the MPN, give the facts for injured wokers and have every body sign they received such notice -- just like an employee handbook. Just saying you did is not flying in court under liberal construction.

Ginger

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