2019 Analysis of Workers' Compensation Laws - 79

Chart IX-Waiting Period for Income/Medical Benefits
Choice of Physician

Medical Benefits

Unlimited2

Employer

Employee

Artificial
Appliances
Furnished

2019 Analysis of Workers' Compensation Laws | 79

Jurisdiction

Waiting Period1

Retroactive
Period

Alabama

Three days3

21 days

Yes

Initial choice

Yes4

Yes

Employer must replace appliances damaged in work-related accident
and provide physical and vocational rehabilitation.

Alaska

Three days, for income
benefits only

Four weeks

Reasonable
and necessary;
subject to
frequency
standards5

May have preferred
provider list and
may have employee
examined by their own
medical examiner

Free to choose any attending
physician, need not use a
physician on employer's
preferred provider list

Yes

Injury includes damages to eyeglasses, dentures, hearing aids, or any
prosthetic devices.

Arizona

Seven days

Two weeks

Yes

Initial choice6

Yes6

Yes

Prayer or spiritual treatment by agreement.

Arkansas

Seven days7

Two weeks

No8

Initial choice from
among those
associated with
managed care
entities certified by
commission

The claimant has a right to a
one-time change of physician

Yes

Spiritual treatment by agreement. Glasses, contact lenses, and hearing
aids. Reasonable travel expenses to obtain treatment.

California9

Three days10

14 days

Yes-subject
to medical
utilization
guidelines

Choose from medical
provider network list

If employee has
predesignated a physician
before time of injury and has
health care insurance, may
treat with physician

Yes

Includes X-ray reports, medical reports, and testimony and laboratory
fees reasonably required to prove a claim. If requested, an employee
may change physicians at any time, one time only. Once a claim is
filed, the employer must pay up to $10,000 in medical care during case
pendency. Medical payments can stop when case is denied. Limited to
24 chiropractic, 24 occupational, and 24 physical therapy appointments.

Colorado

Three days

Two weeks

Yes

Initial choice from
employer-provided
list of designated
providers

Employee has one-time right
to change physicians to
another one on list provided
by employer within 90 days
from the date of injury if prior
to MMI.

Yes

On or after 4/1/15, employer must offer written list of at least four
physicians, if there are fewer than nine but more than three physicians
within 30 miles of the employer's place of business willing to treat
an injured worker. The employer must offer at least two physicians, if
there are three or fewer physicians willing to treat an injured worker
within 30 miles of the employer's place of business. The employer must
designate one physician.

Connecticut

Three days

One week

Yes

Employer provides
initial treatment.

From state list or list of
managed care providers
(MCPs) if employer has
approved MCP.

Yes11

Worker compensated for time lost due to medical attention. Employer
must repair or replace appliances damaged in employment, including
eyeglasses, contact lenses, hearing aids, or dentures where injury is to
face or head. Prayer or spiritual treatment with commissioner's approval.

Delaware

Three days12

Seven days12

Yes

Yes

Yes

Employer must replace prosthesis and furnish hearing aids as needed.

District of
Columbia

Three days

Two weeks

Yes

Yes

Yes

Spiritual treatment by agreement. Medical care furnished or scheduled
to be furnished is subject to utilization review for determinations of
necessity, character, or sufficiency of care or service.

Florida

Seven days7

21 days

Yes13

The claimant has a right
to a one-time change of
physician-employer/carrier
choice.13

Yes

Injury includes damage to dentures, eyeglasses, and prosthetic devices
in conjunction with accident. Employer must provide professional or
nonprofessional attendant and/or custodial care. The carrier and/
or the employee may select an independent medical examiner in
disputes concerning overutilization, medical benefits, compensability
or disability.13

Yes13

Special Provisions
2019 Analysis of Workers' Compensation Laws

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