The employer shall offer to the injured employee his/her choice of any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice nurse prescriber, or podiatrist licensed to practice in the state for treatment of the injury. By mutual agreement, the employee may have the choice of any qualified practitioner not licensed in this state. In case of emergency, the employer may arrange for treatment without tendering a choice. After the emergency has passed the employee shall be given his or her choice of attending practitioner at the earliest opportunity. (Wis. Stat. § 102.42 (2)(a))
Change of Provider
The employee has the right to a second choice of attending practitioner on notice to the employer and its insurance carrier. Any further choice shall be made by mutual agreement. Partners and clinics are considered to be one practitioner. Treatment by a practitioner on referral from another practitioner is considered to be treatment by one practitioner. (Wis. Stat. § 102.42 (2)(a))
In previous discussions with the State's Workers' Compensation Division's Dispute Resolution Department, the Agency has interpreted the direction of care laws as prohibiting posting because there have been instances in which an employee has felt pressured, whether real or perceived, or been made to choose a provider from the list of providers posted, which is in direct contention with the intent of the law.
Upon further discussion with the Workers' Compensation Division regarding adding a disclaimer to the posting, the state advised that, if a panel were to be posted, such posting must contain language making it abundantly clear that use of the providers listed was voluntary and that choosing to not use a provider listed would not affect the employee's benefits under the workers' compensation laws.
The information on this website constitutes summary information only and does not constitute legal advice. Review of the full text of the referenced statutes and regulations may be necessary. Coventry Health Care Workers' Compensation, Inc. makes no representations or warranties about the accuracy of the information contained on this website.