DWC053
FrequentlyAskedQuestions
EmployeeRequesttoChangeTreatingDoctor(DWCForm-053)
For use ONLY by Employees NOT in Workers’ Compensation Health Care Networks or Certain Political Subdivision Health Care Plans
Whomayusethisformtochangetreatingdoctors?
Onlyaninjuredemployee(a)whoiscoveredbytheTexasworkers’compensationsystem;(b)whohasaclaimwithadateof injury or exposure on or after January 1, 1991; (c) who is not part of ac ertified workers’ compensation health care network (network); and (d) whose claim does not involve medical benefits provided througha political subdivision (political subdivision healthplan)pursuantto§504.053(b)(2) oftheTexasLaborCode,relatingtodirectlycontracting with healthcareprovidersor contractingthroughahealthbenefitspoolmayusethisformtorequestachangeoftreatingdoctor.
NOTE:If you are in a network described in (c) above or a health plan described in (d) above, contact the network or health plan and follow their procedures for changing your treating doctor. If you do not know if you are in a network or this type of health plan, contact your workers’ compensation insurance adjuster.
UnderwhatcircumstancesamIrequiredtofiletheDWCForm-053?
You must file the DWCForm-053 to request Texas Department of Insurance, Division of Workers’ Compensation (TDI- DWC)approvalbeforereceivingservicesfromanewtreatingdoctorifyou aredissatisfied withtheinitialchoiceoftreating doctorforavalidreasonincluding,butnotlimitedto:
• youbelievetreatmentprovidedbyyourcurrenttreatingdoctorismedicallyinappropriate;
• youbelieveyouarenotreceivingappropriatemedicalcaretoreachmaximummedicalimprovement;
• youareconcernedabouttheprofessionalreputationofyourcurrenttreatingdoctor;
• thereisaconflictbetweenyouandyourcurrenttreatingdoctortotheextentthatthedoctor-patientrelationshipis jeopardizedorimpaired;or
• your current treating doctor chooses not to coordinate your health care because of communication issues between the doctor and the insurance carrier regarding the processing of your medical bills. Provide documentationfromyourcurrenttreatingdoctor,ifavailable.
Youmaynotrequestachangeoftreatingdoctortoobtainanewimpairmentratingormedicalreport.
IMPORTANTNOTE: If you fail to obtain TDI-DWC approval prior to receiving treatment from the new treating doctor, you may be responsible for the cost of treatment and the insurance carrier may be relieved of responsibility for payment. In order to obtain TDI-DWC approval, you must file the DWC Form-053 unless an immediate change of treating doctor is medically necessary. In that case, you may contact the TDI- DWC field office handling your claim by telephone to obtain verbal approval.
YoumustalsofiletheDWCForm-053toimmediatelynotifytheTDI-DWCifyouchangetreatingdoctorsbecause:
• youmovedorchangedresidence;or
• your current treating doctor is unavailable or unable to provide medical care or has retired or died. Provide documentationfromthedoctor’soffice,ifavailable.
Whyisthenewtreatingdoctor’ssignaturerequired?
Youmustconfirmthattherequesteddoctorwilltreatyoubycontactingtherequesteddoctor’soffice,describingyourinjuryand askingifthedoctoristakingnewworkers’compensationpatients.Toverifythatthedoctorhasagreedtotreatyou, youmust havethedoctorsigntheDWCForm-053inBox27.ThetreatingdoctormustbeadoctorasdefinedintheTexasLaborCode §401.011.Anon-physicianpractitioner,e.g.anursepractitioneroraphysician’sassistant,cannotbeatreatingdoctor.
WheredoIfiletheDWCForm-053? YoucansubmittheformandanysupportingdocumentationtotheTDI-DWC by:
• faxto(512)804-4378;or
• mailtotheTexasDepartmentofInsurance,DivisionofWorkers’Compensation,7551MetroCenterDrive,Suite100, MS-94,Austin,Texas78744-1645.
WhatdoestheTDI-DWCdo?
Within10daysofreceivingthesignedDWCForm-053,theTDI-DWCwillreviewandprocesstherequest.
• Iftherequestisapproved,theTDI-DWCwillissueanapprovalorderandsendacopytotheinjuredemployee, injured employee’s representative (if any), insurance carrier, prior treating doctor and newly approved treating doctor.
• Iftherequestisdenied,theTDI-DWCwillissueadenialorderandsendacopytotheinjuredemployee,injured employee’srepresentative(ifany),insurancecarrierandrequestedtreatingdoctor.
NOTE:If you do not agree with the TDI-DWC’s decision, you must dispute the decision within 10 days of receiving the order. Contact the TDI- DWC field office handling the claim at 1-800-252-7031 for more information about the dispute process. The insurance carrier also has the right to dispute the decision.