In order to contain the rapidly escalating costs of medical treatment, most states have adopted a variety of measures to limit provider charges. The Ergonomics Standard contains no such limitations on provider fees. Most states also seek to control medical costs by assuring that treatment is appropriate to the injury. Many states also have adopted treatment protocols or guidelines. The OSHA rule authorizes none of these cost containment methods.
Most states also allow use of managed care techniques.
These include referral of the injured worker to a managed care network, and utilization or peer review to determine the reasonableness of treatment or provider bills. Again, the OSHA rule makes no provision for any of this. If the WRP provisions ultimately are declared unlawful, there is nothing in the OSHA rule or in OSHA s administrative procedures permitting the employer to recapture benefits payments to employees. Nor is there anything in the rule permitting recovery of payments made to medical care providers. The employee becomes eligible for WRP benefits because of lost wages resulting from removal or restriction from work.