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Louisiana Workers Comp: The Company Doctor Becomes Your Doctor Because You Signed A Form? Perhaps Not!

When determining whether a Louisiana Workers Compensation Injured Worker should be permitted to see her own physician within a specific field or specialty after signing a physician selection form designating the company doctor as his or her choice, it is important to read LSA-R.S. 23:1121B(2)(b). This statute mandates that a physician selection form “shall be provided to the employee either in person or by certified mail.” For example, if the form was delivered by regular mail despite the mandatory language of LSA-R.S. 23:1121B(2)(b), the injured worker should be able to make another pick within the field or specialty. Further, if the form was signed by the injured worker before the initial medical examination by the company doctor, the injured worker should be able to make another pick within the field or specialty since the same statute says the form is to be signed after the initial medical examination.

Further, if an injured workers is unable to get around his written selection because of proper delivery and signing, perhaps the claimant can see a different physician in another specialty.

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