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Under Georgia’s Workers’ Compensation law, and injured worker uses one of six (6) panel physicians whose names must be in a conspicuous location at the employer’s place of business. If the worker chooses to use a doctor not on the panel, she still has a legitimate claim; however, the employer is not obligated to pay for the medical expenses. Importantly, the worker has the statutory right to one free change of doctor from those on the panel.
Before exercising your change to another doctor always contact your attorney before you exercise your right to change since you only have one “free” change. There-after, any additional change must be either agreed to by the insurance company or approved pursuant to an order of the State Board of Workers’ Compensation.
If you are not satisfied with the physician you have, there are several ways to change to a better or more qualified physician. It is important for you to understand that Georgia, like other states, is full of doctors who favor the employer instead of putting the patient’s needs first. I have seen a great many doctors who do not hesitate to release their patients back to full duty work despite the worker’s serious physical disabilities. When this happens, IMMEDIATE steps must be taken to legally obtain a new physician since a fully duty release from an authorized treating physician legally enables the employer to both suspend workers’ compensation benefits and terminate the worker’s employment.
For these reasons, I ask you to notify your attorney immediately following your doctor’s appointment so that you can inform me as to what the doctor has told you. We can often predict what direction a particular doctor is going to by what is told to the patient. After thirty (30) years of practicing law, I have an informed working knowledge of the predisposition of almost every orthopedic and neurosurgeon in Middle and South Georgia. That is, I know whether a physician is pro-worker, pro-employer, or simply treats patients fairly regardless of workers’ compensation consequences.
As you can see, the critical issue in any workers’ compensation claim is who is the treating physician. Be sure to seek qualified, legal representation before you allow an orthopedic or neurosurgeon to perform corrective surgery on you.
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