Under Iowa law can I pick the doctor who treats me inmy workers' compensation case?

A: Probably not.

In Iowa the employer, or in most cases, the employer's insurance company has the right to select the treating physician. The injured worker has limited rights to select the treating physician. There are times the insurance adjuster will ask the worker who he wants as the treating physician, but that's unusual.

Many employees don't like the doctors chosen by the insurance company. That's not unusual because many of those doctor decisions about treatment seem to require input from the patient. Company doctors as they are called, seem to have little concern for what the patient wishes to do. You could say the company doctors don't seem to care about what the patient may want. That's not far from the truth.

Think about it for a minute. Doctors know that they are being chosen by an insurance company. Insurance company's select conservative doctors who start off thinking all workers are liars and would love nothing better than to be on workers' compensation for the rest of their lives. That's an unjustified and stupid assumption but one not entirely without a historic basis. To stay within the insurance company's favor doctors must maintain a certain distance from the patient/injured employee. Thus they remain aloof from the injured employee who is the patient.

The company doctor will almost always espouse conservative opinions towards issues like going back to work, maximum medical improvement and permanent impairment. Conservative means the less the better and get the injured back to work. The company doctor resolves any doubts in favor of the insurance company. They will endear themselves to the insurance company executives to remain within their favor. That way they keep getting referrals from the insurance company.

So if as the injured worker you're frustrated with the way the company doctor is treating you, join the rest. So is everyone else.

Who chooses the Medical Care?

The employer provides medical care reasonably suited to treat the employee’s injury, and has the right to choose the medical care. If the employee is dissatisfied with the care offered, the employee should discuss the problem with the employer or insurance carrier. In certain situations the employee may wish to request alternate care. If the employer, or insurance carrier, does not allow alternate care, the employee (through appropriate proceedings) may apply to the workers' compensation commissioner for alternate medical care. (85.27)

If the employer-retained physician gives a rating of permanent impairment, which the employee feels is too low, the employee does have a right to another examination by a doctor of the employee’s choice at the employer’s expense. (85.39)

After a worker is injured is when they need the support of their employer the most. But injured workers aren't given a level playing field. The company doctor often times is not helping them and the case manager isn't either. The worker is left alone to fend for themselves and to make mistakes that result in lower benefits or fewer weeks of benefits. Some are sent back to work too soon. There is only one person on your side and that understands this system. If your lawyer doesn't understand the nature of this claim you've got the wrong lawyer. Steve Lombardi has practiced in the area of workers compensation for over 30 years. He's tried hundreds of cases for more than one thousand clients. If you'd like help finding a competent lawyer we do assist people in locating a lawyer in Iowa or in Illinois. Call us.

If you have a question about your case, give us a call or drop us an email. LOMBARDI LAW FIRM - 515-222-1110 or sdlombardi@aol.com. If you or your spouse are involved in a work accident contact the Lombardi Law Firm. We will assist you with your claim.
Steve Lombardi, Attorney