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What If An Injured Worker Does Not Like the Physician Selected by the Employer?

As I discussed in a prior article, employers in the Iowa worker's compensation system have a statutory right to select the treating physician. However, if an injured worker does not like the physician selected and authorized by the employer, he/she does have potential remedies. A dissatisfied worker can file an Alternate Medical Care Petition with the Iowa Workers' Compensation Commission.

If a Petition is filed, a hearing will be scheduled within 10-14 days of the date the petition was filed. The hearing can be held live, via telephone, or via the internet.

If a Deputy Commissioner determines that the medical care offered is not reasonably suited to treat the injuries, is untimely, or unduly inconvenient (generally an injured worker cannot be expected to travel more than 50 miles one-way to obtain care), care can be shifted by order of the Commission. Care can also be shifted if the employer fails to follow and authorize the recommendations of the physician it authorized or if there is an irreconcilable breakdown in the doctor-patient relationship. However, the injured worker must prove the basis for the requested transfer of care.

Posted by William H. Grell on January 7, 2008 7:04 AM  |  Permalink

 

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