By Brooklyn McNichols of The Bainbridge Firm, LLC posted in Workers’ Compensation on Wednesday, August 8, 2018.
According to the book, Ohio Workers’ Compensation Law, written by Phillip Fulton, under R.C. § 4123.651 injured workers are entitled to freely choose a physician to treat a covered injury. This includes both the initial choice of physician and any decision by the injured worker to change physicians. The Bureau of Workers Compensation may require the injured worker to give notice of change in treating physician and the reason for change. Once a claimant goes to a private physician for treatment other than on an emergency basis, the claimant is generally regarded as having chosen that physician. Before 1959 employees didn’t have a choice of physician. Choosing a treating physician and notifying the Bureau of your choice is important because authorized payment for treatment is only allowed by one physician. According to O.A.C. § 4123-7-05, the Bureau will not approve payment of medical fees for treatment rendered by more than one physician for the same condition over the same period of time. There is however one exception. If the BWC or self-insurer has authorized treatment where a consultant, anesthetist or assistant is required, or it is necessary for treatment to be seen by a specialist, then the BWC can authorize payment for medical fees. Not all licensed practitioners are qualified as treating physicians. Revised code § 1737.01 (A) defines “licensed physicians and surgeons” as persons certified under R.C. § 4731.14, which certification is limited to medical doctors and doctors of osteopathy. A medical doctor or osteopath may therefore be the treating physician. A chiropractor may also be the treating physician, because R.C. § 4734.09 specifically provides that the chiropractor is a physician for the purpose of chapter 4123.
