GQ Corner

Q. If an injured employee’s treating physician retires, does the injured employee have to file for a change of treating doctors with the DWC? If so, would the carrier be liable for treatment prior to the approval of the injured employee’s request?

A. In this situation, the injured employee would be exempt from having to file a change of treating doctors. Labor Code Section 408.022(e)(4) states that a selection of a doctor after the originator retires does not constitute a selection of an alternate doctor.

Q. The injured employee returned to work under a light duty released, earning her full pre-injury wages. She was subsequently terminated for unrelated reasons. Am I permitted to dispute disability in this scenario.

A. Yes, you may dispute disability in this scenario since the injured employee’s disability is unrelated to her compensable injury; it is arguably solely related to her unrelated termination.