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Can I Choose My Own Doctor in Workers Compensation

Yes, you can choose my own doctor in Wisconsin's Worker's Compensation Act (WCA or the Act) provides that an injured employee is entitled to unlimited medical, surgical, chiropractic, psychological, podiatric, dental, and hospital treatment (including treatment by physician assistants and advanced practice nurse prescribers), as well as artificial members and appliances, "as may be reasonably required to cure and relieve from the effects of the injury." Wis. Stat. § 102.42(1). If the employer/insurer disputes the treatment, its need must be proved by expert medical testimony. Wisconsin Tel. Co. v. Industrial Comm'n, 263 Wis. 380, 57 N.W.2d 334 (1953). Under Wis. Stat. § 102.42 , the injured employer's choices include every practitioner "licensed to practice and practicing in the state." There is an automatic second choice, but no third choice or choice of an out-of-state practitioner, except with the employer's consent. Wis. Stat. § 102.42(2) . Partners and clinics count as one practitioner, and referrals to other practitioners do not count as additional choices. We advise injured workers to get referrals from the initial choice and each subsequent doctor under that first choice so that the second choice is always available for the worker to choose my own doctor.

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