Law Office of Alan Tysinger

Medical Evidence and Treatment Records from Outside the Workers' Compensation System

Workers' compensation doctors-- especially network doctors-- are notoriously biased toward insurance carriers. So I am often asked about whether evidence procured outside the WC system is still admissible in a WC case. The answer is it is. It can & should be used by a claims adjuster in paying benefits.... Read more →

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 →

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 →

Texas Certified Healthcare Networks for Workers Compensation: Workwell Network

Just a quick survey of the "Workwell" network, which is the new certified healthcare network through Texas Mutual Insurance Company as of 2018. This network is a successor to the previous Texas Star network, which still exists to cover claims prior to December 31, 2017. The network information is publicly... Read more →

Networks and Alliances in Texas Workers’ Compensation Law

Networks and alliances are legal concepts within the Texas workers’ compensation system that refer to restricted provider arrangements designed to control costs. Historical origins These concepts arose out of legislative “reforms” over a decade ago. In response to increased costs within the workers’ compensation system, it was proposed that insurance... Read more →

I'm hurt and in pain. How can I find a doctor who will treat me for my injuries?

In Texas, you have the right to choose your own workers' compensation doctor. In a case where your employer is not part of a "workers' compensation healthcare network," you may choose almost any doctor willing to treat you under Texas workers' compensation law. In cases where your employer does have... Read more →