With good cause, an IE or an IC may dispute the order regarding a change to an alternate treating doctor within 10 days after receiving the order. The dispute will be handled through the dispute resolution process described in 28 Texas Administrative Code (TAC) Chapters 140 - 143. 28 TAC Section 126.9(g).

Although filing a DWC Form-045 (Request to Schedule, Reschedule, or Cancel a Benefit Review Conference (BRC) or to Proceed Directly to Contested Case Hearing (CCH)) to request a BRC is the preferred way to dispute a DWC order regarding a change of treating doctors, that is not the only way such a dispute may be made. The AP has held that an IC disputing a change of treating doctor in a TWCC Form-021 (now PLN-11, Notice of Disputed Issue(s) and Refusal to Pay Benefits) filed within the 10-day period to timely contest the approval or denial of a request to change treating doctors is an adequate dispute. APD 000620.

Party Did Not Waive Right To Dispute Division Order Regarding Change In Treating Doctor. 

The IC filed a TWCC Form-021 (now PLN-11, Notice of Disputed Issue(s) and Refusal to Pay Benefits) disputing the change of treating doctors on March 27, 2001. The IC filed a TWCC Form-045 (now DWC Form-045, Request to Schedule, Reschedule, or Cancel a BRC or to Proceed Directly to CCH) that only disputed entitlement to TIBs on April 2, 2001. The ALJ determined that the IC did not waive the right to dispute the change of treating doctors under 28 TAC Section 126.9(g). As the IC filed its dispute within 10 days after receiving the order approving the IE's request to change treating doctors, the AP affirmed the ALJ's determination.  APD 011513.

Party Waived Right To Dispute Division Order Regarding Change In Treating Doctor. 

The order approving the IE's change in treating doctors was placed in the IC representative's box on September 5, 2002. The IC did not dispute the order until September 20, 2002, more than 10 days after the IC received the order. The ALJ determined that the IC waived its right to dispute the order. The AP affirmed the ALJ's determination.  APD 030567.