Under LC 4062(b), a second opinion can be requested by the ER when there is a dispute about the need for spinal surgery.

• A. Where there is a dispute about the need for spinal surgery
• B. Where there is a dispute about the need for medical treatment
• C. Where the EE has lost an eye
• D. Where there is an issue about AOE/COE

Answer: (A)

When a dispute arises over whether a medical treatment is medically necessary, California workers’ comp law provides for obtaining a second medical opinion to resolve that disagreement. This is especially important for spinal surgery, which involves significant risks and costs and where expert opinions can differ. The employer can request this second opinion to get an independent assessment on whether the proposed spinal surgery is warranted and appropriate. The goal is to ensure the treatment is truly necessary before moving forward, rather than letting a surgical plan proceed without a clear medical justification. This mechanism focuses specifically on the need for the disputed treatment, and it’s not about other issues like causation (AOE/COE) or unrelated medical situations.