Was Okla. Worker Entitled to New Physician after Two Changes?

Case File

An Oklahoma statute directed that employees "shall" be granted "one change of treating physician," but did that mean subsequent changes were against the rules? Simply Research subscribers have access to the full text of the decision.

Case

St. Anthony South Behavioral Health and SSM Health Care Corp. v. Goodwin, No. 121192 (Okla. 02/03/26)

What Happened?

While working, a mental health technician for a behavioral health facility was injured by a patient. The facility admitted compensable injuries to the technician's right shoulder and neck and selected a physician.

Based on an independent medical examiner's report and deposition testimony, an administrative law judge found the technician had sustained a compensable injury to her right arm as a result of her original right shoulder injury. The ALJ ordered the facility to provide reasonable and necessary medical treatment to the technician's right arm by a physician designated by the facility.

The physician the employer selected referred the technician for diagnostic testing before determining no treatment was necessary and releasing her to maximum medical improvement.

The technician filed a motion to enforce the ALJ's order and filed an application for change of treating physician.

The ALJ ordered the change of treating physician, and the Workers' Compensation Commission affirmed. On appeal in court, the Oklahoma Court of Civil Appeals reversed the WCC, holding that the technician was entitled to only one change of physician per case and had already received two changes.

The technician appealed to the Oklahoma Supreme Court.

Rule of Law

In Oklahoma, if an employer is not covered by a certified workplace medical plan, the employer shall select the treating physician. The Commission on application of the employee shall order one change of treating physician. Upon the Commission's granting of the application, the employer shall provide a list of three physicians from whom the employee may select the replacement.

What the Oklahoma Supreme Court Said

According to the Oklahoma Supreme Court, the language referring to "one change of treating physician" meant that it was mandatory for an ALJ to grant a claimant's first application for change of treating physician.

"A claimant does not have to put on evidence to support the first request for change of physician, an employer may not object, and the ALJ does not have any discretion to deny a claimant's first request for change of treating physician," the court wrote. "The claimant is automatically entitled to one change of treating physician."

Regarding subsequent applications for change of treating physician, the statute was silent, meaning that it did not limit the number of applications that may be filed and that the decision was left to the ALJ.

"Employer has not shown the Commission's decision was clearly erroneous," the court held.

Verdict: The Oklahoma Supreme Court vacated the order of the Court of Civil Appeals and affirmed the order of the Workers' Compensation Commission.

Takeaway

While a claimant is entitled to one change of physician automatically under Oklahoma workers' compensation law, the ALJ determines whether subsequent changes happen.

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