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Change of physicians must be authorized to ensure proper payment of fees. A claimant
is not permitted to change from one physician to another without a written consent
for the transfer from the bureau of workers' compensation or the industrial
commission, and in self-insuring employers' claims from the self-insuring employer.
However, this rule does not apply to cases referred to a specialist by the attending
physician or to transfers made prior to the initial exercise of the right to free
choice of physician, as outlined in rule 4123-7-10 of the Administrative Code.
Following the authorization of change, the new physician shall be required to
submit a complete report of findings and of contemplated treatment to the bureau,
to the industrial commission or to the self-insuring employer, as the case may be.
Payment of medical bills for the approved treatment shall be made from the date of
the filing of the request for change of physician.
(A) A request for change of physician must be in writing, signed by the claimant
and must indicate the name and address of the new physician.
(B) Change of physicians must be requested in advance, unless made impossible by
special circumstances. The burden to prove such special circumstances shall be on
the claimant.
(C) Such request must contain reasons for change of physician, including, but not
to be limited to, the following:
(1) Doctor moved;
(2) Doctor died;
(3) Claimant moved;
(4) Treatment does not improve the condition treated;
(5) Doctor declines to treat claimant any longer.
(D) Requests for change of physicians in other than self-insuring employers' claims
shall be adjudicated by the bureau of workers' compensation, provided the issue is
not contested by the employer or by the bureau. If the matter is in dispute, the
claim shall be set for a formal hearing before a district hearing officer with
notices to all interested parties. The hearing shall be held in the office nearest
the residence of the claimant. If the claimant is not an Ohio resident, the hearing
shall be held as directed by the industrial commission.
(E) In self-insuring employers' claims, after an employee has exercised the right
of free choice of physician either by choosing a physician in the employ of a
self-insurer or by choosing a physician not in such employ, the employee shall not
be permitted to change from one physician to another except after making such a
request for change in writing, together with the reasons therefor. The request
shall first be submitted to the employer. In the event the employer refuses to
grant such request, it shall submit to the bureau a copy of the employee's request
and a statement giving the reason or reasons for refusal. The bureau shall
immediately schedule the disagreement for a hearing, in the same manner as
described in paragraph (D) of this rule.
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