Dallas, TX asked in Workers' Compensation for Texas

Q: Should I find my own FCE specialist or is it in my best interest to use the one suggested by my treating physician?

At this point in time, I am currently working a modified duty assignment with the organization I work for?... so, I am guessing that with this study I will be closer to MMI, however, I do not feel that I am anywhere near 100% to do my job safely and efficiently. Any help is greatly appreciated!

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

A: Thanks for your question. If you simply use your own medical provider for the FCE, you may have to pay for it yourself. You are correct that the IC is preparing to send you off to MMI land. They are in the business of collecting premiums, not paying claims so I would not be trusting everything from the carrier. Your doctors are likely selected by the IC so you may need the DWC to appoint a "so called" independent medical provider that the DWC calls a DD (short for designated doctor). There is an inherent bias built into their evaluation b/c they do not get paid until you are certified as being MMI. If a DD has already been appointed the DWC is required to send you back to the same DD, unless they have a good reason.

A couple of years ago I wrote an article on AVVO concerning visiting DD, I strongly urge you to read it. Best of luck, I hope all goes well for you.

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