A form DWC-53 must be filed with the Division of Workers' Compensation to obtain a new treating doctor unless the claim is a network claim or an informal network claim under a political subdivision.
Often the Division will deny a DWC-53 request.
If DWC-53 is denied, employee can file DWC-45 for BRC within 10 days of receiving denial. Employee is deemed to receive denial notice 5 days after mailing, then has additional 10 days to dispute after receipt (e.g. mailed December 1, employee deemed to receive on December 6. Ten days begins December 7, deadline to dispute is December 16.
If deadline falls on a weekend, deadline is the Monday following the weekend. Must attempt to contact adjuster prior to filing DWC-45 and document (e.g. left a voicemail for adjuster, spoke to adjuster by phone, or sent email to adjuster, requesting adjuster to agree on DWC-24 to accept new doctor).
Comments