Can I Get a Second Opinion In My Workers Comp Case?

It might come as a surprise to find that your insurance could be the one choosing an authorized doctor for your case.
But does that mean you can’t request a second opinion?
Florida’s workers’ compensation law does provide you the opportunity to get a second opinion if you are not satisfied with the treatment your authorized treating physician is giving you. However, we don’t call it a “second opinion.” It is called your “one-time change in treating physicians.”
Change of Authorized Treating Physician
Your employer’s insurance company likely selected an authorized treating physician for you. Fortunately, you are allowed to request a change of your physician, but do not make this decision lightly! Not only are you limited to a single one-time change in your case, but the insurance company is entitled to select your next physician as well.
Your request must be made in writing and the new doctor must be in the same field of practice as your previous one. That is, if you are requesting a change from an orthopedist, your new physician will have to be an orthopedist.
In some cases, your treating physician may be the one to refer you to a specialist or to another physician in the same field for a second opinion. The insurance company will then decide whether or not to authorize the treatment.
Independent Medical Examiner
What happens if you have already used your one-time change request, or you don’t have an issue with the treatment from your treating physician but the insurance company won’t authorize any of their recommendations?
In this case, you can request an Independent Medical Examiner, or IME.
An IME is a doctor who serves as your expert and can provide medical opinions about your case in the event that either you or your employer’s insurance company have a dispute regarding “overutilization, medical benefits, compensability, or disability.” You can also see an IME if you feel that your workers’ comp claim has been unfairly denied.

Can I Choose My Own Doctor For A Second Opinion?
This is America, so you are legally permitted to see any physician you want. But the insurance company is only obligated to pay for treatment administered by a doctor of their choosing. Further, your health insurance may not cover work-related injuries.
If you decide to select your own doctor, you should do so with the expectation that you may have to pay for any and all treatments out-of-pocket.
You must also understand that that doctor’s opinions will not be admissible in your case. The only doctors that can provide opinions in your case are authorized treating physicians, Independent Medical Examiners, and an Expert Medical Advisor.
Who Makes the Final Decision?
As you can imagine, having the opinion of various different doctors could potentially result in multiple contradictory opinions.
If these doctors disagree about a) what your diagnosis is, b) whether it is related to your accident, c) what treatment you need, or d) what your ability to work is, the Judge presiding over your case cannot decide the issue. Instead, s/he is required to appoint an expert known as an Expert Medical Advisor or EMA.
An EMA is like an IME but, whereas an IME is selected by either you or your insurance company, the EMA is the Judge’s expert. The EMA will perform a medical evaluation, review your records, and possibly review testimony of the other physicians in the case.
After they have gathered an appropriate amount of evidence, they will resolve the dispute between the physicians. That determination is binding on all parties. As a result, you rarely end up at a trial over a medical issue.

Conclusion
The doctors you see following a workplace injury greatly affect the outcome of your workers’ comp case. They will be the ones to recommend specific treatment plans and make determinations about whether (and how much) you have recovered.
Because of this, the relationship between an injured worker and their authorized treating physician is very important. If you don’t feel that you can trust your doctor, a request for a one-time change in treating physician might be in order.
Call us today if you find yourself in this situation and need help.
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