What is a “Posted Panel of Physicians” Under
Georgia Workers’ Compensation Law?

   If you are injured while “on the clock” the law says that your employer must provide you with medical treatment and care.  Unfortunately, the law states that your employer can choose the doctor who treats you when you file a claim for an on-the-job injury.  As you might imagine, there are frequent disagreements between injured claimants and workers compensation insurance companies about what constitutes proper medical care and treatment.

   The good news - a smart employee with a knowledgeable attorney can force the employer and insurance company to provide decent medical care.  To accomplish this, however, you need to know how the system works.

   Georgia’s workers’ compensation law requires ever covered employer to post a “panel” of physicians at a reasonable accessible location at your work site.  This panel is usually (but not always) printed on an 8 ½ x 14 piece of pink cardboard.  The law provides that with limited exceptions the panel should contain the names, address and phone numbers of at least six physicians or physician groups.  At least one of the physicians on the panel should be an orthopedist, and no more than two of the physician groups should be an “industrial clinic.”

   Your employer may also contract with a medical group called a “Workers’ Compensation Managed Care Organization.”  This option is less common but is valid under Georgia law.  There are other types of acceptable panels - many of the requirements for posted panels in Georgia are highly technical - we will always carefully evaluate the validity of the posted panel in your case because of the importance of this issue.

   Georgia law also provides that if you are receiving treatment from a panel physician, you have the right to “one free switch” whereby you can choose another panel physician to take over management of your medical problem.

Employers Must Offer Employees Training Regarding the Operation of the Posted Panel

   In addition to making medical care available to injured workers through the posted panel, employers are also required to train their employees about how to file a workers’ compensation claim and how to select a doctor from the posted panel. 

   We sometimes see cases in which there was a valid panel, but the panel was not easily accessible or no training was offered.  These deficiencies may make the panel invalid

What Happens if the Panel is Invalid?

   If the posted panel is invalid - either because it does not contain enough names of physicians, or if we can gather evidence that the panel was not properly mounted or properly explained - we can argue that your employer should lose the right to select the physicians who treat you.  In such a case, you can select any physician, obtain treatment and have the workers’ compensation insurer pay for this treatment.

   As you might imagine, workers’ compensation insurers often will choose to fight us in court if we take the position that your employer’s posted panel was invalid.  Sometimes it makes sense to go to court on this issue and sometimes it makes sense to settle the matter by agreeing on a physician acceptable to both us and the insurance company.

   As you can see, the existence and validity of a valid posted panel of physicians can have a significant impact on the medical care that you receive in your workers’ compensation claim.  Some employers stack their posted panels with industrial clinic doctors and other physicians who have minimal interest in serving your needs.

   Many “panel physicians” offer good quality medical care, while a few of the panel physicians may seem more interested in returning you to work than in offering appropriate treatment.  Either way, you should not assume that your employer or the workers’ compensation insurance company will be looking out for you when it comes to the quality and extent of your medical care.  An involved private attorney will have your interests at heart so that you end up with necessary treatment in a confusing and flawed system.

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