The panel of physicians can be a pivotal aspect to any workers' compensation claim. With a proper panel, the employer can limit which physicians an injured employee can designate as their Authorized Treating Physician. While this may seem insignificant, whether the panel is valid can greatly affect the potential exposure in a claim. If there is no panel posted on the date of injury, or if the panel posted is invalid for any reason, the injured employee can control the medical care throughout the life of the claim. This means that the injured employee can pursue care from a provider who might be known to assign prolonged work restrictions or prescribe extensive but ultimately unnecessary treatment.
The relevant statute governing the panel of physicians in Georgia is O.C.G.A. § 34-9-201, which provides that a panel is valid and enforceable if it meets the following criteria:
- the panel has at least six physicians, professional associations, or corporations of physicians who are reasonably accessible to the employees;
- at least one of the listed physicians is an orthopedic provider; and
- no more than two industrial clinics are included on a six-provider panel. O.C.G.A. § 34-9-201(b)(1). Whenever possible, the panel should also include at least one minority provider. O.C.G.A. § 34-9-201(g).
While following the guidelines outlined in O.C.G.A. § 34-9-201(b)(1) can be sufficient to establish a valid panel of physicians, there are additional steps an employer can take to ensure that a panel remains valid. First, it is ideal to include more than the minimum of six providers. If, for example, a panel provider retires from practice, or if an occupational clinic listed on the panel closes completely, then that individual provider would no longer count toward the required minimum of six providers. In turn, if there were only six providers listed on the panel, the entire panel would be considered invalid. Similarly, a panel should be checked for validity at least once a month, which can be accomplished by contacting the listed providers to ensure that their name, address, and phone number have not changed, and to confirm that they still accept workers' compensation cases.
In addition to ensuring that the panel itself is valid, O.C.G.A. § 34-9-201(c) establishes requirements for proper panel procedure. In particular, the statute requires employers to post the panel in prominent places within the business premises and take all reasonable steps to ensure that the employees (1) understand the function of the panel and the employee's right to choose a physician from that panel in the event they are injured; and (2) are given appropriate assistance in contacting panel members when necessary.
In terms of panel location, an employer should post the panel in at least one area that can be easily accessed by all employees, such as an employee breakroom. However, simply posting the panel in a prominent location is not sufficient. As established by O.C.G.A. § 34-9-201(c), employees also need to be educated on the panel of physicians, specifically how it is used if they are injured while at work. If practicable, employers should incorporate a discussion surrounding the panel of physicians prior to the employees start date, such as during orientation. After the employee is educated on the panel and its purpose, it is ideal to have the employee sign a statement indicating that they understand the panel's function. Likewise, if an employee is injured at work and chooses a panel provider, employers should consider having the employee initial and date the panel with an indication of their selected provider. Taking these steps can help prevent future litigation issues regarding the panel of physicians and its validity.
In short, while establishing and maintaining a valid panel of physicians can be a time-consuming process, it can significantly affect the direction of a workers' compensation claim. Employers can limit their exposure in any given claim by maintaining the panel and choosing providers who will not unnecessarily remove the employee from work or provide an unnecessary treatment plan.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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