The insurer for employers will often provide the C-42 panel of three physicians required by statute who are associated together in the same practice. They do this particularly when the injured employee is not represented by an attorney. The insurance companies are familiar with physician practices who are consistently conservative in their treatment and impairment ratings which translates into less being paid out on claims. This provides for less diagnostics being provided to injured employees who may have an orthopedic injury that cannot be diagnosed properly. Many of the family care or urgent care physicians will often only refer the employee to physical therapy or cortisone / steroid injections. There are many orthopedic surgeons who will not refer employee out for that necessary MRI to determine true extent of ligament injury. The panel of physicians must be from separate practices not associated together. The following is the statute stating this specifically.
(4) (A) The injured employee shall accept the medical benefits afforded under this section; provided, that, except as provided in subdivision (a)(4)(B) or (a)(4)(C), the employer shall designate a group of three (3) or more reputable physicians or surgeons not associated together in practice, if available in that community, from which the injured employee shall have the privilege of selecting the operating surgeon and the attending physician; and provided, further, that the liability of the employer for the services rendered the employee shall be limited to the charges that are established in the applicable medical fee schedule adopted pursuant to this section.
If you are injured on the job and notice that the physicians listed have the same address or entity, demand a new panel from the adjuster. More importantly call our office or another attorney.
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