Panel of Physicians in Georgia Workers Comp: Your Medical Rights

Under O.C.G.A. 34-9-201, employers in Georgia are required to post a panel of at least six physicians on Form WC-P1 at the workplace. The list must be visible to employees before any injury occurs.

The panel must include at least one orthopedic surgeon, and if the employer has minority employees, at least one minority physician must be on the panel. The doctors must be geographically accessible to the workers.

After you report an injury, your employer is required to explain the panel system to you and allow you to choose your treating physician from the list. You are not required to see the first doctor on the list. You can choose any physician from the panel.

Your choice of treating physician matters more than most people realize. This doctor will control the direction of your entire case, so choose carefully.

Look at the specialties listed for each doctor. If you injured your back, you want an orthopedic surgeon or spine specialist. If you injured your hand, you want an orthopedic surgeon who specializes in upper extremities. Match the doctor to your injury type.

Research the doctors online. Look at patient reviews, their professional background, and their experience with workers comp cases. Some doctors are known for being more favorable to injured workers, while others are known for minimizing injuries and rushing patients back to work.

If you have an attorney, ask for their guidance on which doctors on the panel are best for your type of injury. An experienced workers comp attorney will know the reputations of the physicians in the area.

Also consider practical factors like location and availability. If the doctor is two hours away or booked for months, that may not be realistic for your situation.

Georgia law gives you the statutory right to make one change to a different doctor on the panel without needing permission from the insurer or your employer. This is guaranteed under O.C.G.A. 34-9-201.

Use this right strategically. If the doctor you initially chose is dismissive of your complaints, refuses to order necessary tests, rushes you back to work prematurely, or simply does not take your injury seriously, you can switch to another panel doctor.

To exercise your right to change doctors, notify the insurance company in writing. You do not need to provide a reason. Simply state that you are exercising your statutory right to change physicians and identify which doctor on the panel you want to see instead.

After you have used your one free change, any further changes require either the agreement of the insurance company or an order from the State Board of Workers Compensation. This is why it is important to choose carefully the first time and use the free change wisely.

If your employer never posted a panel of physicians, or if the panel does not meet the legal requirements (fewer than six doctors, not posted in a visible location, no minority physician when required), you may have the right to choose ANY doctor you want. You are not limited to the panel.

This is a significant advantage. It means you can see a doctor who specializes in your injury type and who has a reputation for advocating for injured workers, rather than being limited to the insurer-selected panel.

Proving that there was no valid panel requires evidence. This can include your own testimony, testimony from coworkers, photographs of the workplace showing the absence of a posted panel, and employment records.

If you believe your employer did not post a valid panel, talk to an attorney immediately. This issue must be raised early in the case. If you wait too long or if you have already been treating with a panel doctor for months, the insurer may argue that you waived the issue.

If you suffer a serious work injury that requires immediate medical attention, go to the nearest emergency room. Do not worry about the panel. Your health and safety come first.

The insurer is required to pay for emergency treatment even if you did not go to a panel doctor, as long as the treatment was reasonably necessary and related to the work injury.

Once the emergency situation stabilizes, you should transition to a panel doctor for ongoing care. The ER visit is covered, but continued treatment generally needs to come from the panel unless you can establish that no valid panel was posted.

Do not let your employer or the insurance company tell you that you cannot go to the emergency room. If you are seriously injured, get the care you need immediately. The paperwork can be sorted out later.

At some point in your case, the insurance company may send you to an Independent Medical Examination (IME). Despite the name, these exams are not truly independent. The insurer selects the doctor and pays for the exam.

You are generally required to attend the IME. If you refuse without good cause, the insurer can suspend your benefits.

IME reports often minimize the severity of your injury and contradict the findings of your treating physician. The IME doctor may claim you can return to work when your treating doctor says you cannot, or may assign a lower impairment rating than you deserve.

Before attending an IME, talk to your attorney. There are strategies for how to handle the exam. For example, you should answer questions honestly but briefly, and you should not exaggerate or downplay your symptoms.

If the IME report contradicts your treating physician, your attorney can challenge it at a hearing. The administrative law judge will weigh the opinions of both doctors and decide which is more credible based on the evidence.

The treating physician has enormous power over the outcome of your workers comp case. Here is how.

Diagnosis: The doctor determines what medical condition is documented in your records. If the doctor fails to diagnose a condition or attributes your symptoms to something other than the work injury, you may not receive benefits for it.

Treatment plan: The doctor decides whether you need surgery or just conservative treatment, how long you need physical therapy, what medications you receive, and when treatment ends. All of this affects your recovery and your medical costs.

Work restrictions: The doctor determines whether you can work and what restrictions apply. If the doctor clears you to return to full duty prematurely, your wage benefits stop. If the doctor keeps you on appropriate restrictions, you continue receiving benefits.

Impairment rating: When you reach maximum medical improvement, the doctor assigns a permanent impairment rating. This rating directly determines how much you receive in permanent partial disability benefits and how much your case is worth in settlement.

Every one of these decisions affects your benefits and your settlement value. This is why choosing the right doctor from the panel, and switching doctors if necessary, is so critical.