Kevin Kampschror, Esq.
NRS 616C.090 states in relevant part that an
injured employee may choose a treating physician or chiropractor from the panel of physicians
and chiropractors and if the injured employee is not satisfied with the
first physician or chiropractor he or she so chooses, the injured employee
may make an alternative choice of physician or chiropractor from the panel
if the choice is made within 90 days after his or her injury.
What this means is you have a statutory right to pick your own doctor (off
the panel and the provider’s list) within the first 90 days from
the date of injury. Notice, no where in the statute does it give the insurer
discretion or the ability to legally deny you the transfer of care, even
if they deem there is no medical need.
Despite that, more and more insurers are denying this request, forcing
the injured worker to go to court to exercise their rights under the law.
This not only is unfair, but also delays the case and the injured worker’s
treatment if they are forced to go to court. If you or your attorney requests
the transfer of care within 90 days and it is subsequently denied, you
may not be able to get into court for several months. Do insurers do this
on purpose? That remains to be seen depending on who the insurer and who
the adjuster is.
As always, it is advised you seek an
experienced attorney who is able to assist in obtaining all benefits that you are entitled
to under Nevada law.