Rogers, Booker & Lewis, a law firm dedicated to representing injured workers and medical providers only in the Texas workers compensation system, announces their new website.  Check it out at www.rogersbookerlewis.com

The new supplemental income benefits rules affecting texas injured workers just posted.  To view them, see http://www.tdi.state.tx.us/wc/rules/adopted/documents/aosibs0309.pdf 

When a designated doctor (DD) is appointed, that doctor is supposed to be the designated doctor for the entirety of the claim, for whatever purpose a designated doctor is needed.  Currently, the Division is appointing multiple doctors for no apparent reason.  The claimant may go to a DD for a determination of the extent of the injury, and then when it is time for a DD to determine maximum medical improvement or impairment, a completely different doctor is assigned to the claim.  That is not supposed to happen, except in rare circumstances like if the first DD is no longer available to do the exam.

The main reason the Division keeps giving for changing DD's is that the original DD no longer "meets the matrix."  A DD has to be capable of issuing an opinion about the injury the claimant has.  Therefore, the Division has a checklist that all of the DD's fill out that documents that DD's competency with various injuries.  For instance, a chiropractor is not competent (at least according to the Division) to serve as a DD in a case where the claimant is taking prescription medication.  That is because chiropractors can't prescribe medicine. 

Most of the time, if a DD is a medical doctor (M.D.) or an osteopathic doctor (D.O.), they should be qualifed to be the DD in most every case.  The matrixes should be the same.  If a DD has been assigned to the claim that is an MD or a DO, and the Division changes the DD to a new doctor for a new examination, the claimant should object to the change if the first DD was a doctor they liked who gave a fair opinion.  If the Division says that the first DD no longer meets the matrix, then the claimant should request a copy of that doctor's matrix.  If it shows he is still qualified, then there is no reason for changing DD's.  You might even compare it to the new DD's matrix...I bet in most cases they will be the same.

It is easy to get a copy of a DD's matrix.  Here are the instructions from the Division for making this request:

HOW DO I OBTAIN A MATRIX FOR A DESIGNATED DOCTOR?The request must be in writing and be addressed to the Office of the Medical Advisor. While the request does not need to be addressed to any particular person, it is a good practice to clearly label your correspondence as a “Public Information Request” or “Open Records Request.”  There is no “magic language” which is necessary in the request; however, the request should be as clear and specific as possible. You should receive the requested information in approximately ten to twelve business days. You may e-mail your request to:wcopenrecords@tdi.state.tx.us Texas Department of Insurance, Division of Workers’ Compensation7551 Metro Center Drive, MS-41Austin, TX 78744-1609 Fax: (512) 804-1040