Page 1 of 2 12 LastLast
Results 1 to 10 of 13
  1. #1
    Join Date
    Jan 2013
    Posts
    1

    Default Designated Doctor vs. Treating Doctor

    My workers compensation claim was made in the State of: Texas. My employer based my "bona fide offer" off of my Designated Doctors restrictions and not my Treating Doctor whom I've been seeing for the past 9 months. The Designated Doctor only saw me once which was 3 months ago. My "treating doctor" has every restriction box checked along with taking prescribed medications. The "designated doctor" only listed a limit on how much weight I can lift and nothing more. I was "ordered" to go back to work. Now my condition has been severely aggrivated by having to go back to work under his lack of restrictions. How can a "designated doctor" have more merit than a doctor who has been treating me all along?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Designated Doctor vs. Treating Doctor

    Quote Quoting Blue Eyes View Post
    My workers compensation claim was made in the State of: Texas. My employer based my "bona fide offer" off of my Designated Doctors restrictions and not my Treating Doctor whom I've been seeing for the past 9 months. The Designated Doctor only saw me once which was 3 months ago. My "treating doctor" has every restriction box checked along with taking prescribed medications. The "designated doctor" only listed a limit on how much weight I can lift and nothing more. I was "ordered" to go back to work. Now my condition has been severely aggrivated by having to go back to work under his lack of restrictions. How can a "designated doctor" have more merit than a doctor who has been treating me all along?
    either doctor can be correct.
    when there is a difference of opinion the parties can have the court decide.
    second opinions provide valid medical evidence and are used regularly.

  3. #3
    Join Date
    Oct 1971
    Posts
    3,636

    Default Re: Designated Doctor vs. Treating Doctor

    Blue Eyes
    How can a "designated doctor" have more merit than a doctor who has been treating me all along?
    He doesn't.

    I would go with my treating doctor, his opinion would carry more weight than the designated quack.
    If you don't have a lawyer, consult and retain one pronto.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Designated Doctor vs. Treating Doctor

    How can a "designated doctor" have more merit than a doctor who has been treating me all along?
    DD is how TX comp law provides for resolution of disputed medical issues.
    DD generally over rides your PTP, as SH said, when/if you want to dispute that finding, you go to court.

    DD evaluates you the day of the exam, reviews medical records provided by the parties, including your PTP reports and forms an opinion.

  5. #5
    Join Date
    Oct 1971
    Posts
    3,636

    Default Re: Designated Doctor vs. Treating Doctor

    Bvia
    DD is how TX comp law provides for resolution of disputed medical issues.
    DD generally over rides your PTP, as SH said, when/if you want to dispute that finding, you go to court.
    Where did you get that from?

    I thought the poster was referring to an IME, not sure about a DD and I'm too lazy to look it up.

    Tony

    - - - Updated - - -

    Never mind, I found it.

    Texas Labor Code - Section 408.0041. Designated Doctor Examination

    (e) The designated doctor shall report to the division. The report of the designated doctor has presumptive weight unless the preponderance of the evidence is to the contrary. An employer may make a bona fide offer of employment subject to Sections 408.103(e) and 408.144(c) based on the designated doctor's report.

    But, it also says the employee may have his doctor at the exam:
    (g) Except as otherwise provided by this subsection, an injured employee is entitled to have a doctor of the employee's choice present at an examination requested by an insurance carrier under Subsection (f). The insurance carrier shall pay a fee set by the commissioner to the doctor selected by the employee. If the injured employee is subject to a workers' compensation health care network under Chapter 1305, Insurance Code, the doctor must be the employee's treating doctor.
    http://law.onecle.com/texas/labor/408.0041.00.html


    So, my question to the poster is, did you have your doctor present at this exam?
    If not, why?
    Your doctors input could've had an influence on the DD's opinion, it might've made all the difference.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  6. #6
    Join Date
    Oct 2014
    Posts
    13

    Default Re: Designated Doctor vs. Treating Doctor

    @ Tony, is there a special form you need in order for your treating doctor to attend the DDE with you or just inform him of when and where so that that he could schedule that time to go or meet with you there?

  7. #7
    Join Date
    Oct 1971
    Posts
    3,636

    Default Re: Designated Doctor vs. Treating Doctor

    Quote Quoting Colt45 View Post
    @ Tony, is there a special form you need in order for your treating doctor to attend the DDE with you or just inform him of when and where so that that he could schedule that time to go or meet with you there?
    Not sure, call your doctor and ask.
    I would imagine you would have to serve some type of written notice, nothing is done verbally in this game.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  8. #8
    Join Date
    Oct 2014
    Posts
    13

    Default Re: Designated Doctor vs. Treating Doctor

    Also @Tony, in the state of Texas, your assigned a case manager, what is his or her role when going to a designated doctor exam? How do they have input in your case? Btw thanx your last response.

  9. #9
    Join Date
    Oct 1971
    Posts
    3,636

    Default Re: Designated Doctor vs. Treating Doctor

    Quote Quoting Colt45 View Post
    Also @Tony, in the state of Texas, your assigned a case manager, what is his or her role when going to a designated doctor exam? How do they have input in your case? Btw thanx your last response.
    That assigned a case manager has no business contacting the designated doctor or being near that exam.
    Those so called case managers are hired by the carrier to close your case by any means necessary, they are your worst enemy - do not trust them.

    (d) To avoid undue influence on a person selected as a
    designated doctor
    under this section, and except as provided by
    Subsection (c), only the injured employee or an appropriate member
    of the division's staff may communicate with the designated doctor
    about the case regarding the injured employee's medical condition
    or history before the examination
    of the injured employee by the
    designated doctor. After that examination is completed,
    communication with the designated doctor regarding the injured
    employee's medical condition or history may be made only through
    appropriate division staff members.
    http://law.onecle.com/texas/labor/408.0041.00.html

    You need to lawyer up, these people will use you for a door mat if you don't.
    Consult and retain a lawyer immediately.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  10. #10
    Join Date
    Oct 2014
    Posts
    13

    Default Re: Designated Doctor vs. Treating Doctor

    Thanx again for your advice and will retain a lawyer but one last question,I already had one DDe rescheduled due to me having surgery, in the event that my surgeon feels I'm not ready for the rescheduled DDe, can my surgeon write another note postponing the 2nd dde for another time and date? Thank you for your help!!! I live in texas.

Similar Threads

  1. Second MMI with Designated Doctor
    By vanilla princeaa in forum Texas
    Replies: 3
    Last Post: 04-23-2012, 11:50 AM
  2. Designated Doctor Witness
    By ELP1 in forum Texas
    Replies: 6
    Last Post: 04-05-2010, 02:02 PM
  3. Designated Doctor
    By travtec1 in forum Texas
    Replies: 0
    Last Post: 12-13-2008, 01:53 PM
  4. MMI Reached By Designated Doctor
    By houston56 in forum Texas
    Replies: 3
    Last Post: 06-18-2008, 04:32 PM
  5. Replies: 4
    Last Post: 09-20-2005, 09:17 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer