Choice of Treating Doctor

Under the LHWCA you have the absolute right to choose your choice of treating doctor. This includes any physician in a different area of specialty. For example, typically an employee may begin treatment with a local orthopedic who then recommends for the employee to see a neurosurgeon or neurologist because the orthopedic suspects that a nerve injury may have occurred. In such a situation not only are you allowed to choose your initial choice of treating orthopedic but you are also allowed to then choose your choice of treating neurosurgeon or neurologist.

Often an employer under the LHWCA will require that the employee sign a “choice of physician” form before that employer will approve the physician for the employee. It does not hurt your claim for you to sign a choice of treating physician form as long as you are actually selecting your choice of physician. Very often employers will ask, and even sometimes require, the injured employee to sign a choice of physician form when in fact the employer has chosen that physician. If your employer is trying to have you declare that you specifically chose a specific physician and you are voluntarily electing to choose treatment with that physician, make sure that you are very comfortable with the physician and he was actually your choice of physician. Once you sign a choice of physician form, it is very difficult if not impossible to receive medical treatment or a second opinion from another physician. You will have to live with whatever medical opinion the physician gives you.