2019 Analysis of Workers' Compensation Laws - 81

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

Medical Benefits

2019 Analysis of Workers' Compensation Laws | 81

Unlimited2

Employer

Employee

Artificial
Appliances
Furnished

10 days

Yes-treatment
parameters
describe
reasonable
treatment

Agency may change

Yes28

Yes

Christian Science treatment by agreement. Injury is reportable to the
division. Employer is to repair or replace appliances.

Five days

Two weeks

Yes

Yes

Yes

Employee's choice is limited to one provider. If the employee is
treated for his alleged work-related injury or occupational disease by
a physician for six months or longer, or if the employee has surgery
for the alleged work-related injury or occupational disease performed
by a physician, then that physician shall be deemed the employee's
selection.

Missouri

Three days

14 days

Yes29

Yes, but agency may
change

Yes, but at own expense.

Yes

Prayer or spiritual treatment by agreement. Chiropractic care may be
authorized by employer.

Montana

Four days or 32 hours,
whichever is less30

21 days or more

Yes

Yes

Yes, for dates of injury prior
to 7/1/11

Yes

Medical benefits for claims with a date of injury/disease after 7/1/11
terminate five years after the date of injury/disease. A claimant has
an additional five years to seek to reopen his or her medical benefits
by petitioning the Department of Labor and Industry. Medical benefits
can then be reopened if the treatment is necessary to allow the
worker to return to work or continue to work. An insurer remains liable
for repair or replacement of prosthetic devices for life. Individuals
who are permanently totally disabled are eligible to receive medical
benefits for life. Reasonable and necessary lifetime medical and travel
benefits provided. Determinations of disability must be supported
by a preponderance of objective medical findings. Limitations apply
once claimant reaches maximum stability. Certain co-payments may
apply. Other limitations include secondary medical services, drug
reimbursement, palliative or maintenance care, and unscientific
treatment. Medical benefits terminate if not used for 60 consecutive
months for dates of injury prior to 7/1/11.

Nebraska

Seven days31

Six weeks

Yes

Yes32

Yes33

Yes

Employer must replace appliances damaged due to compensable injury
and must provide plastic surgery for disfigurement. Effective 1/1/08,
the payer must notify the medical provider within 15 business days
after receiving a claim as to what information is necessary to process
the claim. Failure to notify the provider assumes the payer has all
information necessary to pay the claim. The payer shall pay providers
in accordance with applicable fee schedules or contracted fees within
30 business days after receipt of all information necessary to process
the claim. Failure to pay within the 30 days will cause the payer to
reimburse the provider's billed charges instead of the scheduled or
contracted fees.

Nevada

Five days-TT34

Six days-TT34

Yes

35

Yes36

Yes

Spiritual treatment permitted.

New
Hampshire

Three days

14 days or more

Yes37

Initial choice (within a
network if managed care)

Yes

Employer must repair or replace appliances.

Jurisdiction

Waiting Period1

Retroactive
Period

Minnesota

Three days

Mississippi

Special Provisions
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