Amarillo, TX asked in Workers' Compensation for Texas

Q: What do I do when a MD turns in medical report of my Examination to TDI/WC but I was absent in this examination?

The DWC-73 document doesn't have my signature to it but it was turned in as if I was medically examined?

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2 Lawyer Answers
S. Michael Graham
S. Michael Graham
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Most DWC 73s are turned in without the patient's signature. I would agree you should be physically examined in most cases. I would ask you to speak to your doctor. Workers' comp does have a formal process to file complaints that is on-line. It's called the division of compliance and practices. When an appointment is missed, the doctors might issue a DWC 73 to return to work full duty in some rare cases. If the DWC 73 has you returned to work and you are not able to return to work, you can set a BRC hearing with the Division.

1 user found this answer helpful

Roy Lee Warren
Roy Lee Warren
Answered
  • Workers' Compensation Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: If the examination was for determination of MMI/IR you MUST be examined or the report is inadequate. Even if you were examined on a previous occasion and determined to not be at MMI you must have another examination to certify you at MMI.

However if the medical provider was submitting a bill for an examination you were not present for, that could be an illegal act that the DWC would be interested in.

1 user found this answer helpful

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