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Mississippi Workers' Compensation Legal Library

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Rule 1.9 Selection of Medical.

The employer shall select competent physicians, hospitals, and other attendance or treatment and immediately furnish such services, including all emergency services, to the injured employee. The injured employee shall have the right to accept the services furnished by the

employer or, in his discretion, to select one (1) competent physician of his choosing and such other specialists to whom he is referred by his chosen physician to administer medical treatment according to the guidelines set forth in Miss. Code Ann. Section 71-3-15 (1) and the Commission's Medical Fee Schedule. Such physician(s) selected by the employer or the employee, including any authorized referral, shall be located in an area reasonably convenient to the place of the injury or the residence of the injured employee, and the medical services shall be reasonably suited to the nature of the injury.

The employer may have the injured employee examined by a physician or medical provider of its choice to evaluate temporary or permanent disability or medical treatment being rendered. If the employer desires such an examination, the employer must:

a. make an appointment with the provider for the injured employee at a time reasonably convenient to the injured employee;

b. prepay mileage at the prevailing statutory rate;

c. pay all reasonable expenses for the attendance of the injured employee; and

d. pay the charges by the provider.

The Commission must be notified in writing of such appointment for the examination, and copies of all reports must be promptly furnished to the Commission and the injured employee.

If at any time the injured employee unreasonably refuses or fails to submit to such medical examination, the Commission or Administrative Judge may, by order, suspend the payment of future compensation during such time as such refusal continues; no compensation shall be paid at any time during the period of such suspension.

If any party of interest shows that the injured employee is suffering from improper medical attention or lack of medical treatment, the Commission or Administrative Judge may order further medical treatment at the employer's expense. If, during such period, the injured employee unreasonably refuses to submit to medical or surgical treatment, the Commission or Administrative Judge shall order the suspension of payment of compensation while such refusal continues.

Any hearing required by the Commission or Administrative Judge under this Rule may, in the discretion of the Commission or Administrative Judge, be held no sooner than five (5) days after notice to determine whether:

(1) compensation payments should be suspended for refusal or failure to submit to a medical examination or to proper medical treatment, or

(2) the injured employee is suffering from improper medical attention or lack of medical treatment.

Within twenty (20) days of each date of service, all treating and examining physicians shall:

(1) file CMS 1500 with the Commission and with the employer or carrier, and

(2) attach all office or progress notes to the CMS 1500 which shall specify

a. the date of maximum medical improvement,

b. any permanent impairment rating, and

c. any permanent work restrictions resulting from the work-connected injury.

A physician's failure to timely file complete reports may result in the claim for medical and surgical treatment being unenforceable against the employer unless excused by the Commission or Administrative Judge.

If an injured employee receives treatment at any Veterans Hospital, or at the expense of the State Division of Medicaid or the Mississippi Department of Rehabilitation Services because of a disability under the Workers' Compensation Act, the employer or its carrier shall not be liable for such medical treatment as in other cases, unless the officials of the Veterans Hospital, the Division of Medicaid or Department of Rehabilitation Services to whom the injured employee is referred comply fully with Miss. Code Ann. Section 71-3-15 and the Commission Rules.

This Rule shall be in force and effect on and after January 18, 2018.

Source: Miss. Code Ann. § 71-3-85.

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