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Your Right to Select Your Own Doctor: Transfers of Care in Nevada Workers’ Compensation Claims

By: 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.

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