Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.9 - Selection of Medical

Current through June 25, 2024
The employer shall select competent physicians, hospitals,
				  and other attendance or treatment and immediately furnish such services,
				  including all emergency services, to the injured employee. The injured employee
				  shall have the right to accept the services furnished by the employer or, in
				  his discretion, to select one (1) competent physician of his choosing and such
				  other specialists to whom he is referred by his chosen physician to administer
				  medical treatment according to the guidelines set forth in Miss. Code Ann.
				  Section
				  71-3-15(1)
				  and the Commission's Medical Fee Schedule. Such physician(s) selected by the
				  employer or the employee, including any authorized referral, shall be located
				  in an area reasonably convenient to the place of the injury or the residence of
				  the injured employee, and the medical services shall be reasonably suited to
				  the nature of the injury.
The employer may have the injured employee examined by a
				  physician or medical provider of its choice to evaluate temporary or permanent
				  disability or medical treatment being rendered. If the employer desires such an
				  examination, the employer must:
a.
				make an appointment with the provider for the injured employee at a time
				reasonably convenient to the injured employee;
b. prepay mileage at the prevailing statutory
				rate;
c. pay all reasonable
				expenses for the attendance of the injured employee; and
d. pay the charges by the provider.
The Commission must be notified in writing of such
				  appointment for the examination, and copies of all reports must be promptly
				  furnished to the Commission and the injured employee.
If at any time the injured employee unreasonably refuses or
				  fails to submit to such medical examination, the Commission or Administrative
				  Judge may, by order, suspend the payment of future compensation during such
				  time as such refusal continues; no compensation shall be paid at any time
				  during the period of such suspension.
If any party of interest shows that the injured employee is
				  suffering from improper medical attention or lack of medical treatment, the
				  Commission or Administrative Judge may order further medical treatment at the
				  employer's expense. If, during such period, the injured employee unreasonably
				  refuses to submit to medical or surgical treatment, the Commission or
				  Administrative Judge shall order the suspension of payment of compensation
				  while such refusal continues.
Any hearing required by the Commission or Administrative
				  Judge under this Rule may, in the discretion of the Commission or
				  Administrative Judge, be held no sooner than five (5) days after notice to
				  determine whether:
(1) compensation
				payments should be suspended for refusal or failure to submit to a medical
				examination or to proper medical treatment, or
(2) the injured employee is suffering from
				improper medical attention or lack of medical treatment.
Within twenty (20) days of each date of service, all
				  treating and examining physicians shall:
(1) file CMS 1500 with the Commission and
				with the employer or carrier, and
(2) attach all office or progress notes to
				the CMS 1500 which shall specify
a. the date
				of maximum medical improvement,
b.
				any permanent impairment rating, and
c. any permanent work restrictions resulting
				from the work-connected injury.
A physician's failure to timely file complete reports may
				  result in the claim for medical and surgical treatment being unenforceable
				  against the employer unless excused by the Commission or Administrative Judge.
If an injured employee receives treatment at any Veterans
				  Hospital, or at the expense of the State Division of Medicaid or the
				  Mississippi Department of Rehabilitation Services because of a disability under
				  the Workers' Compensation Act, the employer or its carrier shall not be liable
				  for such medical treatment as in other cases, unless the officials of the
				  Veterans Hospital, the Division of Medicaid or Department of Rehabilitation
				  Services to whom the injured employee is referred comply fully with Miss. Code
				  Ann. Section
				  71-3-15
				  and the Commission Rules.