Irving, TX asked in Workers' Compensation for Texas

Q: Can I change treating doctors twice? I'm not happy with my treating doctor. The first one was through work.

When I got hurt my job sent me to care now went there for 8 months I couldn't get anything approve. I changed to the new doctor, he don't even examine me just shakes my hand. My knee is in horrible shape and he said he is done with restrictions. But I made he give me something but they still not to ability. I'm still going through treatment, but he say he don't like what the surgeon is doing. I need a knee replacement I'm not old enough so you can imagine what type of restriction I need working at General Motors. He told me to go to dars and find another job. He is talking bad about the surgeon and he is not doing me any justice.

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2 Lawyer Answers
S. Michael Graham
PREMIUM
Answered

A: You have the right to change TD only one time under the facts presented. You can get an additional change if you get your doctor to state he is unwilling to offer you additional treatment. Otherwise you will have to fall within a specific exception which is quite difficult. You should contact a qualified workers' comp attorney on the phone to discuss the specific details of your situation. Most lawyers will speak to you for free over the phone.

A: Maybe, depending on whether a "network" is involved. If your employer (actually the insurance carrier) has a network the DWC has held it does not have jurisdiction over issues concerning the network.

Even with a network you get one "free" change, thereafter according to DWC rules, you must espouse a reason (such as the doctor/patient relationship has been destroyed) you want to change. Good luck I hope the provider is not in a network.

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