When can an employer request a second opinion under Labor Code 4062(b)?

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

Answer: (A)

The correct answer relates specifically to situations involving disputes regarding the necessity of spinal surgery. Labor Code 4062(b) provides a framework for when an employer can request a second opinion, and it explicitly includes instances where medical treatment, particularly significant procedures like spinal surgery, is in contention. This provision safeguards both the employer's interest in managing medical costs and the employee's right to receive appropriate care.

In the case of spinal surgery, the implications for the worker's health and recovery are substantial, making it crucial for both parties to ensure that the proposed treatment is necessary and justified. Thus, the legislation allows for a second opinion in these scenarios to provide clarity and prevent unnecessary procedures that could result in financial or physical risks.

The other options do not explicitly connect with the provisions established in Labor Code 4062(b) for seeking a second opinion regarding the necessity of medical services. For instance, losing an eye or dealing with issues of AOE (arising out of employment) and COE (course of employment) pertains more to compensability and the classification of injuries than to the evaluation of specific medical treatment decisions, which is the focus of the correct choice.