Generally, in the Workers’ Compensation system the workers’ compensation insurance carrier and/or employer are entitled to choose the healthcare provider.  However, there are means within the system to request and/or obtain a change of physician.

Within ninety (90) days following the date of injury, but before reaching maximum medical improvement, an injured worker may request a one-time change of authorized treating physician. The new physician must be a physician on the designated provider list or provide medical services for a designated corporate medical provider on the list. The medical provider(s) to whom the injured worker may change is determined by the designated provider list given to the injured worker pursuant to Rule 8-2 or 8-4(C).

To make a change of physician the injured worker must complete and sign the form established by the division for this purpose (form number WC3 Notice of One-Time Change of Physician). The injured worker shall submit the form to the employer by mailing or hand-delivering the completed form to the person(s) designated by the employer to receive the form. The person(s) so designated is listed on the designated provider list given to the injured worker pursuant to Rule 8-2 or 8-4(C) as the respondents’ representative(s). The injured worker may, but is not required to, provide the form to the impacted physicians. In any event, the respondents’ representative(s) shall notify the impacted physicians and the individual adjusting the claim of the change, unless an objection is submitted pursuant to paragraph (C) of this Rule 8-5.

An injured worker may obtain a one time change of physician by providing notice that meets the requirements set out in statute. If the insurer or employer believes the notice does not meet statutory requirements and does not want to recognize the change of physicians, it must provide written objection to the injured worker within seven (7) business days following receipt of the form. The written objection shall set out the reason(s) for the belief that the notice does not meet statutory requirements.

If the employer or insurer does not provide timely objection as set out in the above paragraph, the injured worker’s request to change physicians must be processed and the new physician considered an authorized treating physician as of the time of the injured worker’s initial visit with the new physician.

If written objection is provided and the dispute continues, any party may file a motion or, if there is a factual dispute requiring a hearing, any party may request that the hearing be set on an expedited basis.

In addition to the above, an injured worker may submit a written request to change physicians pursuant to 8- 43-404(5)(a)(VI). The provisions of this Rule relating to a one-time change of physician do not apply to a request for change of physician made under §8- 43-404(5)(a)(VI).

Please contact Bell & Pollock, P.C., to discuss change of physicians or any other matter regarding your workers’ compensation claim.

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Case Results

WE KNOW HOW TO WIN

CASE: Client was injured by a drunk driver. As a result of the motor vehicle accident, client was rendered a quadriplegic and needed a life care plan.
Outcome: $9,600,000

CASE: Against Insurance company for failure to pay for property damage after a gas and fire explosion.
Outcome: $1,600,000

CASE: Medical malpractice for failure to diagnose a descending aorta aneurism, resulting in death.
Outcome: $1,300,000

CASE: Neck and back injuries from car accident. Client had ongoing symptoms and needed injections for attempted remediation of pain.
Settled for $485,000

CASE: Client was injured in a 2 vehicle collision. She suffered a traumatic brain injury, concussion and multiple injuries to the neck.
Outcome: $6,000,000

CASE: Client was in her car and was T-Boned by a commercial vehicle. Her cerebral spinal fluid leaked and she suffered a concussion and traumatic brain injury with neck and lumbar (low back) injuries. Her neck injury caused radiating pain, numbness and tingling in her arms.
Outcome: $3,400,000

CASE: Client was driving on a rural road when another car crossed the center line and caused a head-on collision in the snow and ice. Client did physical work for a living. Both knees were injured, along with a neck injury.
Outcome: $2,300,000

CASE: Client was driving on South Parker road when another vehicle rapidly changed lanes and rear-ended the client. That vehicle was cited for careless driving. The collision caused a concussion with traumatic brain Injury. Client missed time from work and had a positive correlation between brain scan and neuropsychological test results.
Outcome: $950,000

CASE: Client was rear ended by a dump truck, was then knocked forward and hit another vehicle. Client had a concussion with traumatic brain injury. Client underwent a brain scan which showed hypoperfusion, correlated with her concussion symptoms. Client suffered neck injuries and injuries to her low back.
Outcome: $650,000

CASE: Client was rear-ended. The mechanism of injury from the forces in the collision caused her neck injury and at the same time, damaged her organs inside her throat. Client had swallowing and choking issues.
Outcome: $1,250,000

CASE: Client was in a motor vehicle accident. Both injections in the neck rendered some temporary relief. The Injections were transforaminal epidural steroid injections. Surgery was recommended on the lumbar (low back). The low back was injured by the forces in the collisions.
Outcome: $933,000

CASE: The client was driving in her car and was rear-ended thereby causing injuries to her lower back and neck. Client also suffered a concussion. Client had to undergo facet injections multiple times, through multiple procedures. Client also had cognitive issues which required cognitive training and therapy.
Outcome: $400,000

CASE: Client was entering a highway from an on ramp and was rear-ended by a commercial van. Client tested positive for Thoracic Outlet Syndrome and failed conservative treatment. Client underwent thoracic outlet syndrome surgey, which involved removal of the first rib to attempt to relieve pressure in the thoracic outlet. Client also suffered a back injury.
Outcome: $750,000

CASE: Client was injured by a drunk driver, who crossed the center line of the road. Client underwent multiple surgeries and could not work. Client was late 40s and needed a modified life care plan.
Outcome: $750,000

CASE: Client was rear ended by a tow truck driver who was a diabetic. The diabetic at fault party was a non-compliant diabetic and claimed he had a syncope episode, and was “blacked out”. Client had a preexisting back condition known and the forces from the collision aggravated, or made worse, the preexisting back condition in addition to, causing neck injuries.
Outcome: $350,000

CASE: Client was a passenger in a car where the driver fell asleep on a country road in the early morning hours. The car rolled multiple times. Client had eye injuries, facial injuries and neck and knee injuries.
Outcome: $850,000

CASE: Client was on the job, driving her own car, when she was rear-ended. She suffered a concussion with traumatic brain injury and pursued Workers Compensation Claim.
Outcome: $150,000

CASE: Client slipped and fell on snow and ice in Central City. He suffered back injuries, that did not require injections.
Outcome: $125,000

CASE: Client slipped and fell on snow and ice on a sidewalk in front of a business. She had to have knee surgery and multiple injections in her back.
Outcome: $175,000

CASE: Client was visiting a friend who was renting a house. Client tripped on untreated, dangerous section of deck and injured his back.
Outcome: $150,000

CASE:Client was rear ended and needed fusion spinal surgery. Insurance proceeds were limited.
Outcome: $125,000

CASE:Client was rear-ended and had to have rotator cuff surgery. Insurance proceeds were limited.
Settled for $65,000

CASE:Client was at Denver International Aiport traveling through Denver, slipped and fell and broke her ankle.
Settled for $118,750

CASE:Client was exposed to mold in a multi-family dwelling that was caused by leaking water.
Settled for $125,000

CASE:Motorcycle accident, reconstructive surgery, post-traumatic stress disorder, neurological injuries
Settled for $1,275,000

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