AB 2086 (Cooley and Mathis)
Workers’ Compensation: Neuropsychologists
Office of Assemblyman Ken Cooley AB 2086 Fact Sheet Page 1/1
Bill Summary
AB 2086permits licensedneuropsychologists to be appointed as Qualified Medical Examiners (QMEs) in neuropsychology. This legislation restores the specialty of neuropsychology as one of the categories of QMEs in California’s workers’ compensation system and is a new and improved version of AB 1542 that the Governor vetoed last year.
Problem
When injured workers suffer a traumatic brain injury, they need to be evaluated by a neuropsychologist, as opposed to a psychologist. In 2015, the Division of Workers’ Compensation (DWC) adopted regulations to eliminate recognition of neuropsychologists. As a result, employers, the DWC and injured workers have all been adversely affected. In addition, it has also needlessly increased costs to employers and delayed workers’ compensation claims settlements.
Solution
There is significant difference between what services are performed by neuropsychologists and psychologists. While psychologists in the workers’ compensation setting typically evaluate, diagnose, and treat behavior and mental processes, neuropsychologists have special training to help those with cognitive issues resulting from concussions, strokes, and traumatic brain injury. It is critical to differentiate between these two specialties.
AB 2086 restores this distinction and also improves upon the bill vetoed by the Governor last year. For instance, the DWC objected to the grandfather clause in AB 1542, believing it permitted self-certification without independent verification of competency. We have revised the language in AB 2086 to replace self-certification with a requirement that the neuropsychologist must have demonstrated their competency by serving as an Agreed Medical Evaluator in neuropsychology on at least five occasions.
Background
Since 1993, the State of California has appointed neuropsychologists to serve as Qualified Medical Evaluators (QMEs) in workers’ compensation cases. Neuropsychologists are licensed psychologists who have taken additional training enabling them to specialize in the assessment and evaluation of traumatic brain injuries. They function in a medical area significantly different than general psychologists.
Support
• California Society of Industrial Medicine and Surgery (Co-Sponsor)
• California Psychological Association (Co-Sponsor)
• California Professional Firefighters
• California Society of Physical Medicine & Rehabilitation
• California Neurology Society
• California Applicants’ Attorneys Association
• Voters Injured at Work
• International Association of Machinists and Aerospace Workers
•Brain Injury Association of California
For More Information
Brendan Repicky, Legislative Assistant
916-319-2008
Office of Assemblyman Ken Cooley AB 704 Fact Sheet Page 1/2