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Employee wants to see own Doctor?

SamanthaQSamanthaQ 83 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have a question and hopefully someone can help me out or direct me to the right place. According to what I read regarding workplace injuries and worker's comp - as an employer for the first 10 days I can direct the employee's care to our designated physician and then after 10 days the employee can choose to go to their own treating physician. What if the employee only wants to see their physician and won't go to the company chosen physician in the first 10 days? Can we refuse to pay the bills for their Dr.? Or take disciplinary action?

We have a relationship with a local health center that ONLY sees worker's comp cases - they have everything you can imagine right on site - and they bill at the Michigan Worker's Comp rates.

Any advice would be appreciated!

Thanks!
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Comments

  • 10 Comments sorted by Votes Date Added
  • sonnysonny 2,117 Posts
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    I would check with your carrier and state laws but I am not familar with such a thing. An injured employee here, must see Dr.s in the WC network. If they go out of that, they do indeed jepordize their benefits.
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  • LindaSLindaS 1,510 Posts
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    Again check with your state regs. as here in WI we CANNOT direct the employee to a specific physician. They get to choose their own!
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  • sonnysonny 2,117 Posts
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    That's interesting Linda. .I would think it would make it harder to manage the cases, but I like the ee choice piece.
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  • Hunter1Hunter1 808 Posts
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    I guess I wouldn't use the word interesting to describe it, more like moronic, but it does make cases hard to manage. Employees see their personal doctor who will write up any kind of excuse the ee wants in order to maintain the person as a patient.
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  • BalloonmanBalloonman 972 Posts
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    LOL, I probably should not tell you that in Missoui, and in Kansas I get to control the medical. Totally in Missouri, and in Kansas they get $500.00 of unauthorized medical, but I have always made it clear, authorized treating physician say is what goes, not your doctor.
    My $0.02 worth.
    DJ The Balloonman
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  • mjindramjindra 290 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 08-28-03 AT 01:16PM (CST)[/font][p]That's the trouble at our company too, also in Wisconsin, which is the reason I've made my first post to this Worker's Comp forum! (See, "Challenging a Claim") We have had so many guys with lame excuses (my opinion, of course) and "a friend of a friend" has informed us that specific employees have requested certain restrictions from their doctors. The doctors go along with it! It's getting old, really fast!
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  • SamanthaQSamanthaQ 83 Posts
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    I called the state Worker's Comp bureau. The state law or code does say that for the first 10 days the employer "may" direct the injured employee to a physician of the employers choice (I knew that part). The bureau also said that it was up to our worker's compensation insurance carrier as to whether or not they would pay if the employee refuses to see the physician that the company chooses. I suspect they would pay it anyway. I have a call in to them too.

    I appreciate the responses!

    Thanks!
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  • BalloonmanBalloonman 972 Posts
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    mjindra,
    I would create a generic work ability form, (just rip off the clinic's version) and specifically require these doctor's to fill out what work the employee is capable of doing. Specific motions and weights. Can lift 50 pounds frequently, can lift 75#s occassionally, can stand for 8-10 hours per day, can bend and squat frequently. Require this for work related injuries. Explain to the employee that you will find restricted duty however that until their doctor fills this out you cannot. I am not sure about WI law, but if in the first 10 days and they are playing games, I would offer to send them to your clinic right then and there so they will not miss any work. But any delays due to their doc not filling this out and returning it will not be paid as you have work available, they just have not provided you with the work restrictions.
    My $0.02 worth.
    DJ The Balloonman
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  • Hunter1Hunter1 808 Posts
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    mjindra: We (employer's group) have created such a form, and I'd be glad to fax it to you if you're interested. No sense in reinventing the wheel. We try hard not to accept any other other form, and get pretty good cooperation from the clinics because we stick together on this. We also provide the forms to the clinics so they don't have an excuse for using the old prescription pad.
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  • mjindramjindra 290 Posts
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    Hunter1, that would be great! My fax number is 920-898-1770.

    Thanks!
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