(a) An examination by the injured employee's treating
doctor or another doctor to whom the injured employee is referred
by the treating doctor to determine any issue other than certification
of maximum medical improvement and the evaluation of permanent impairment
may be appropriate after a designated doctor examination if:
(1) the designated doctor issued an opinion on the
issue;
(2) the injured employee is not satisfied with the
designated doctor's opinion; and
(3) the treating doctor or the referral doctor has
not already provided the injured employee with a written report that
meets the standard described by subsection (b) of this section on
the issue addressed by the designated doctor.
(b) The treating doctor or the referral doctor shall
complete a narrative report. The report should include objective findings
of the examination and an analysis that explains how the objective
findings lead to the conclusion reached by the doctor. This report
shall be filed with the insurance carrier, the injured employee and
the injured employee's representative. Notwithstanding §129.5
of this title (relating to Work Status Reports), if the treating doctor
or the referral doctor examines the injured employee to address an
issue relating to return to work, the doctor must also file a Work
Status Report.
(c) The insurance carrier shall reimburse the injured
employee for all reasonable travel expenses as specified in Chapter
134, Subchapter B of this title (relating to Miscellaneous Reimbursement)
for attending an appropriate medical examination.
(d) Nothing in this section is construed to limit or
prohibit the injured employee from obtaining reasonable and necessary
medical care for the compensable injury or from obtaining a written
report from a treating doctor or a referral doctor on any issue under
Labor Code §408.0041(a)(3) - (6) prior to a designated doctor
examination.
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