Law Office of Alan Tysinger

Changing Treating Doctor in Texas Workers' Compensation: Appealing a Denial

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... Read more →

Changing Treating Doctor in Texas Workers' Compensation: Justifying the Reason for Change

Changing treating doctor with a form DWC-53 requires justification by valid reason. Examples of valid reasons for change could include, depending on the facts of the case, any or all of the following: I do not see the doctor, only the PA or FNP. Therefore I have no relationship with... Read more →

If my workers' compensation claim is under a Texas Workers' Compensation Certified Healthcare Network, does the adjuster choose my doctor instead of me?

If my workers' compensation claim is under a Texas Workers' Compensation Certified Healthcare Network, does the adjuster choose my doctor instead of me? Texas workers' compensation law allows an employer to choose whether or not to purchase an insurance policy requiring injured employees to receive medical care for injuries solely... Read more →

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: Do not use only the... Read more →

Best Practices for Changing Treating Doctor in Texas Workers' Compensation: Networks and Alliances

In Texas Workers' Compensation Cases, a change of doctor request is required if an injured employee desires a new primary treating doctor. The treating doctor is responsible for referrals and administrative decisions such as determination of MMI, return to work, and articulating the extent of injury if the adjuster requests.... Read more →

San Antonio Firefighters Fight for Health Protections and Better Workers' Compensation Treatment

Recently the City of San Antonio and the San Antonio Firefighters union litigated the next collective bargaining agreement through a series of arbitration hearings. Among the topics involved was the potential for changes in the way the City administers workers' compensation claims. As SAFD healthcare costs have risen, workers' compensation... Read more →

What Doctors Don't Understand About Light Duty: Evidence-Based Work Restrictions

Continuing the theme of what doctors don’t understand about light duty. It’s important to understand that in the current Worker’s Compensation context, the assumption has flipped. Where it used to be assumed that employees would need to go out of work after an injury, now the assumption is the opposite.... Read more →

What Doctors Don't Understand About Light Duty: The Purpose of the Work Status Form

Continuing a discussion of what doctors don’t understand about light duty. What I will treat here very briefly is a subject that has come up and number of times recently and is a pernicious problem affecting employees in a way that is easily correctable. Many doctors seem to not understand... Read more →

I've been told my "case is closed" and I can't see a doctor anymore. Can they do that?

By law, every workers' compensation claim comes with lifetime medical care for the compensable injury. That is, any medical condition or diagnosis that is either accepted by the insurance carrier or ordered as compensable by a or judge comes with lifetime medical care. However, lifetime medical care does not mean... Read more →