Greetings, tis the season for 1-time change shenanigans week.  In an effort to slide a request by and gain the right to pick the doctor, some claimant’s attorneys will send their requests at the last minute on Wednesday.  Every year I get a handful of these

Anything date stamped before 5:00 PM Wednesday, by email, mail or fax, is considered received on Wednesday.   Even if your office is closed, an email or fax before 5 starts your 5 calendar day window.  A couple of things to look out for:

1. Anything citing 440.13(2)(f).  Remember 2f.
2. The word “alternative” or “new” doctor.
3. Look for it on a PFB, a grievance, a Request for Assistance, fax cover sheet, in the body of a letter, an email; all of those are your 5 day notice.  It just has to be in writing.
4. Within 5 days, which means Monday, you must provide the name of the doctor within the same specialty.  You don’t need the appt date, just the name.  Don’t worry about whether the doctor needs to review the records first, etc…get the name to opposing counsel on Monday, via email, fax and mail.
5. If it’s a walkin clinic, you must give the name of an actual doctor at the 1-time change clinic.  Call and find the name of any doctor there, and if the claimant winds up seeing someone else it is ok.
6. If for some reason it is missed on Monday, still move forward on Tuesday with it.  There can be some argument made that you don’t count Wednesday as day 1 per the WC Q-Rules of procedure.  (Forget I said that for now).
7. Also, based on the Gonzalez case below, it has to be a clear and unambiguous request.

If you’d like a cheat sheet for your desk on handling 1-time changes, please email esantos@eraclides.com.

Thanks, and happy Thanksgiving!

Morgan