Changing Treating Doctor in Texas Workers' Compensation: DWC-53 Best Practices

Changing primary treating doctor in Texas workers' compensation claims is a right held by the employee. When the claim is non-network or not subject to a political subdivision informal network, a form DWC-53 must ordinarily be filed. Some best practices for completing this form include:

1. Do not use only the blank space on the DWC-53 form for Block 21, the reason for the change. Attach another page.
2. On that page, give a brief history of the treatment of the claim.
3. Describe any treatment by the current doctor that is medically inappropriate. E.g. at Concentra and other clinics often the PT plan will be identical for various patients regardless of injury. Employee can state that the treating doctor provided little or no guidance on treatment and gave me identical treatment to patients with vastly different diagnoses.
4. Outline an ODG-compatible treatment plan. (I am requesting a change to Doctor X, who says that I need A, B, and C, which he says is necessary under ODG for my injury”).
5. Employee should state that for (reasons) the employee does not feel that he is receiving appropriate medical care to reach MMI (if prior to stat MMI).
6. State reasons there is a conflict between the employee and the doctor such that the doctor-patient relationship is jeopardized or impaired. Use that language or something like “I do not feel I can trust Doctor Y because . . .”
7. Employee should not state that the reason for change is to secure a new medical report (work status) or impairment rating. Therefore avoid stating reason for change involves employee’s contention over a release to return to work or an MMI/IR dispute. These are invalid reasons and would appropriately result in denial.