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Nebraska Compliance



Physician Selection Statute 48-120, Rule 50

The employer may wish to choose the doctor to treat an employee's work injury. If the employer want to make the choice, as soon as the employer can after the employer knows about an injury, the employer must tell the employee of the right to choose a doctor. The employee must be told of the right to choose a doctor before the employee can be treated by a doctor chosen by the employer. The employer must allow the employee a reasonable amount of time to choose the doctor. The court has a form the employer can use to tell the employee about these rights (Form 50, Form 50 spanish)

The employer may choose the doctor if, after telling the employee about the right to choose: no doctor has treated the employee or a member of the employee's family before the work injury; or the employee does not select a doctor who has records of such treatment; or the employer are refused the authorization needed to verify such prior treatment, if the employer should ask for it.

After telling the employee about the right to choose there can be no change in doctor unless the employer and the employee agree or the court orders a change. This is true whether the employer or your employee chose the doctor. If the employee is referred to another doctor for special tests or services, this is not a change in doctor.

Even if the employer tell the employee about the right to choose and then the employer get to choose the doctor, the employee is free to choose a doctor at other times. The employee can choose the doctor: to do major surgery; if the injury involves dismemberment; or if the claim is denied.

If the employer do not wish to choose the doctor for your employee, the employer do not need to tell the employee about the right to choose the doctor. The employee can then choose ANY doctor to provide treatment for the work injury.

If the employer or the insurer has a managed care plan, the employee can still choose a doctor. It must be one who has treated the employee or a family member before the injury. The doctor must agree to the rules of the plan. If the employee doesn't have a doctor, they may choose among the doctors signed up with the plan.