GQ Corner

Q: If a claimant’s approved treating physician retires and refers the claimant to another physician, does the claimant have to file for a change in treating doctors with the DWC? If yes, would the same rules apply meaning that we are not liable for payment of treatment from the new ATP until they are approved?

A: In this situation the claimant would be exempt from having to file a change in treating doctors. Rule 126.9 indicates that there is an exception if the treating doctor is removed from the approved list, which would likely be the case if he retires. Additionally, Labor Code Section 408.22 states that a selection of a doctor after the originator retires does not constitute a selection of an alternate doctor.

Q: We’re trying to set some office procedures here and we have a debate. Do we still need a date stamp on all mail? Specifically, if we get a document emailed to us, is the email confirmation good enough for a DWC audit even though the document isn’t date stamped?

A: Take a look at rule 102.4(j).  The carrier  must have the document date stamped or otherwise annotated, indicating the date the communication was received.  An e-mail confirmation would cover the “ annotated “ part of the rule.