This is the week we don’t give thanks for the 1^st DCA’s decisions regarding one-time changes.   Every Wednesday before Thanksgiving, as sure as the black Friday crowds, you can count on some claimant attorney’s trying to slide a request for a 1-time change by an E/C so they can choose the doctor.

Anything date stamped before 5:00 PM Wednesday, 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:

• Anything citing 440.13(2)(f).  Remember 2f.  
• The word “alternative” or “new” doctor.
• 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.
• 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.
• If it’s a walk-in clinic, you must give the name of an actual doctor at the 1-time change clinic.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.  (Forget I said that for now).   Also, based on recent caselaw, it has to be a clear and unambiguous request.  

Happy Thanksgiving to all!

Morgan Indek | Partner