Legal Question in Workers Comp in California

How many times can I change my treating doctor?

I suffered a work injury two months ago and I am treating with the company doctor. I do not feel that this doctor is helping at all. Can I change doctors at this time? How many times am I allowed to change treating physicians?


Asked on 1/08/98, 5:10 am

1 Answer from Attorneys

Bahman Eslamboly Eslamboly & Barlavi

Changing your treating doctor in your workers' compensation case.

In most cases, you may change treating physicians after the first 30 days following an injury. This time period may be longer if your employer has a pre-designated treating doctor under an HMO. However, such an arrangement is fairly rare. Under recent case law, you may change treating doctors as often as you wish. However, keep in mind that you must be reasonable in changing doctors. For example if you change doctors five or six times, the insurance company for your employer may file a petition with the Workers Compensation Appeals Board to force you to stick with one doctor.

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Answered on 1/08/98, 5:10 am


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