Injured Workers Can Choose Their Primary Care Provider

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In a very important case, the First District Court of Appeals ruled that an injured worker has the right to choose a primary care provider while still retaining the right to request one change of doctor during the course of treatment. That case is Theiss v. City of Panama City Beach, 36 Fla.L.Weekly D1423, decided June 30, 2011. An attorney for an injured worker understands the importance of this case. The fact of the matter is that insurance companies are using managed care on virtually all cases but they are not telling the claimant or the claimant's attorneys that they are using a managed care program. Therefore, the Theiss case gives the claimant the right to control the medical. This is true because, for instance, if your insurance carrier is Chartis and/or AIG, you can go to their website, and search the Point Of Entry doctors -- abbreviated as POE under Directories -- and then put the cursor on POE and then you will see a directory pop up for Florida, pull that up, and you will have all the primary care doctors in Florida by county. Even though you were never told that yours is a managed care case, I think you will find out when you ask the insurance company, that they will acknowledge that they are paying the doctors under the managed care program which means you have the right to choose your doctor.

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