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Old 11-23-2008, 03:55 AM
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GalenaFaolan GalenaFaolan is offline
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GalenaFaolan GalenaFaolan is offline
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GalenaFaolan's Avatar
 
Join Date: Dec 2006
Location: Florida
Posts: 445
15 yr Member
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I found these earlier while doing a search just in case you needed them. Below are a couple of things that address the whole issue of posted or not. There's also more on each site to read. At least this way you'll be up on the rules a bit more. I guess since you had a lawyer the whole posted panel thing was addressed already. Just skip what you don't need here and take what you need. *Hugs*

I found this on a Ga wc website under the Q & A:

What if there is not a Panel of Physicians?

By law, you have the right to treat with any doctor you choose at the Employer’s expense. You should take a photograph of the area in which legal notices are posted at your job site to verify that no panel exists. Also, if a panel exists but it does not comply with the law, for example, if it has less than 6 doctors, it is treated as if there is no panel of physicians at all .

Is my Employer required to explain the Panel of Physicians and other procedures to me?

Yes. In order for the Panel of Physicians’ rule to apply, not only does a Panel have to be posted but the Employer must take reasonable steps to insure that the Employees know the function of the panel and how properly to obtain medical care and treatment.

http://www.chestnutlegal.com/workerscompfaq.html

Another site: http://www.workerscompensation.com/r...ia&category=EE

Another one I found on the whole panel posting thing:

Someone told me that if I am hurt on the job, my employer gets to choose which doctor I can see. Is this true?

Under Georgia law, your employer has the first opportunity to control where you receive medical treatment. As you might imagine, there are often disputes between employers and employees over what constitutes proper medical care.

As noted above, in emergency situations, judges at the State Board of Worker's Compensation will usually uphold your right to seek emergency care. Once the emergency is over, however, your employer has the right to dictate where you seek care.

Every employer with workers' comp insurance is supposed to have a Posted panel of physicians from which you can choose a doctor. Often these panels are pink in color and are printed on legal sized (8” x 14") cardboard paper (they do not have to be pink or legal sized, however). A valid panel must contain the names, addresses and phone numbers of at least six (6) unassociated medical providers and one them must be an orthopedist.. It is NOT a valid panel if there are 6 clinics on the panel or 6 hospitals. Some employers use what is called an MCO Panel - which is similar to an HMO in terms of treatment choice.

In addition to posting six medical providers, your employer is required to explain to you how the panel works.

If your employer's panel does not meet requirements or if you were never explained how the panel works, your employer, in theory, forfeits the right to control where you seek treatment, and you can go to any doctor you wish and the insurance company must pay for the treatment.

Obviously, control of your medical treatment is a very important issue and your employer and its insurer will fight to prove that their panel was valid and that it was explained to you. If you have the opportunity, we recommend that you try to get a copy of your company's posted panel (ask a friend to photocopy it or write down what it says). We have been successful at hearings and won control of medical treatment for several clients by showing the judge a copy of a bad posted panel. Unfortunately, we have also seen several instances whereby companies correct deficiencies in their posted panels after an job injury and lie about the timing and location of the posting...

http://www.georgia-workers-compensation.com/faq.html#10

Found this tidbit:

Common issues which arise in litigated workers' compensation cases are whether an Employer had a valid panel, was it posted and has the employee been properly instructed on its use. A panel should be posted in areas easily assessable to all employees and where necessary in more than one location. A system which has proven effective in proving knowledge by an employee of a panel and its use is to have the employee sign a copy of the panel and instructions regarding the panel at the time of hire or during orientation. This signed copy should be maintained in the employee's personnel file. Should it become necessary, this document may be used in court to prove the employee's knowledge of the panel and its proper use. http://www.gaworkerscomp.com/wna0998.htm

Here's the link for the state statutes for you. What you would want to look at is Title 34. Click the + sign to expand a section and then another plus sign to expand again to see each statute to read. I found it a bit of a pain because when you click on a particular statute, and want to go back it won't go! http://www.lexis-nexis.com/hottopics/gacode/
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