Greetings, today is the day we all have to be extra careful to scour everything that came in late Wednesday or over the weekend for 1-time change requests.  So far I only received one, a fax at 5:00 exactly on Tuesday, so it was actually a Wednesday request.

As a refresher, we have 5 calendar days to respond to a request in writing for a 1-time change.   All you need to provide by the end of the day today (4:59 pm)  is the name of the doctor in the same specialty, you don’t need an appt date or even to confirm if the doctor will see the claimant (today anyway). 

(If later after reviewing records the doctor you named today declines to see the claimant, you likely have another 5 days based on a JCC decision to pick another doctor.  But document and communicate your efforts to the other side so they know you are trying to get an apt)

If it’s a walk-in clinic you have to name an actual doctor at the new clinic you are selecting, it doesn’t matter if the claimant will ultimately see someone else there.

The Q Rules of Procedure state the day you receive the request does not count, which means today is day 5 for any requests received on Wednesday.  There is a risk the courts could rule otherwise, but for now this is the governing rule.

Look out for:

• Anything mentioning 440.13(2)(f)
• Any requests for a doctor per 440.13
• Any mention to an “alternative” doctor or other similar words

And most importantly, don’t be in such a rush to respond that you pick a doctor that may not be our best option.  If you don’t know who to select (on ones where you don’t have defense), email me, and I will connect you with one of our attys in that part of the state.  Just give me the body part injured, the name of the treater and the specialty of the treater, and I will help you make the best choice.

Sincerely,

Morgan Indek | Partner