Challenges to a posted panel

The employer and their insurance company make every effort to control all of the medical care that you receive if you are injured on the job. However, employers often make mistakes when setting up panels. Often, employers select panel doctors who they know will release injured workers to return to work very quickly with no restrictions.

If the panel is valid and you are dissatisfied with the panel physician you chose, you are entitled to make one change to any other panel physician. After the first change, you can change physicians with the employer/insurer’s consent or by filing a petition with the State Board of Workers’ Compensation. Once the State Board makes a decision, anyone dissatisfied with that decision can file an appeal. If you cannot reach agreement with your employer/insurer, you should consult with an experienced attorney before filing a petition.

Injured workers do have the right to challenge the validity of a panel. If your employer does not have a posted panel, if the panel is defective or invalid, or if the employer otherwise fails to correctly explain your rights to medical care, you may be entitled to use any physician you choose, whether or not on the posted panel, and your employer and its insurance company will be responsible for payment of the physician’s bills.

Additionally, if you are receiving any income benefits from your employer, you have the right to one independent examination (known as an IME) by a physician of your choosing at your employer’s expense. While this doctor will not become your regular physician, if their opinion differs from your regular doctor it may provide a new direction for your treatment or support a claim for a change of physicians.

Unfortunately, your employer is not limited to one request for an IME and may require you to go to as many independent medical evaluations (IMEs) as they wish to pay for. Failing to attend IME appointments may result is the suspension of your benefits until such time as you attend the appointment. You have an absolute right to change one time to any other physician listed on the “posted panel.”