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Download Texas Dwc022 Template

The Texas DWC022 form, issued by the Department of Insurance Division of Workers’ Compensation, serves a crucial function in the realm of workers' compensation claims in Texas. It is designed for insurance carriers to request that an injured employee undergoes a Required Medical Examination (RME) by a doctor chosen by the insurance carrier. This process assists in determining the appropriateness of the health care received or evaluating a Designated Doctor's determination related to the injured worker's condition. For detailed assistance in completing and understanding the Texas DWC022 form, click the button below.

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The Texas Department of Insurance Division of Workers’ Compensation provides a critical pathway for resolving disputes regarding medical examinations through the DWC022 form. Situated at the heart of workers' compensation issues, this form serves multiple foundational functions, from requesting agreements for Required Medical Examinations (RME) to seeking orders for evaluations when disagreements arise over designated doctor determinations. It encompasses vital sections including details about the employee, employer, and the insurance carrier’s information, encapsulating a broad spectrum of requests from evaluating maximum medical improvement to scrutinizing the appropriateness of received health care. Such complexity underscores its essential role in navigating the intricacies of workers' compensation claims, providing a structured method for both insurance carriers and injured employees to agree on or contest the findings of medical evaluations. Notably, the form delineates specific scenarios — such as whether an RME can proceed if the health care was provided through a political subdivision or a certified network, outlining the nuances of agreement and certification processes necessary for moving forward. This meticulous approach ensures that every aspect of the required medical evaluation, from the purpose to the logistical arrangements, is addressed, highlighting its significance in the broader context of workers’ compensation adjudication in Texas.

Document Example

Texas Department of Insurance

Division of Workers’ Compensation

7551 Metro Center Drive, Suite 100 MS-94 Austin, TX 78744-1645

(800) 252-7031 phone (512) 804-4378 fax

DWC022

Si desea hablar con alguien sobre este

Complete if known:

formulario o acerca de su reclamación,

 

llame al ajustador de su aseguradora al

DWC Claim #

número de teléfono que aparece en la

 

Casilla 15 de la Sección III.

Carrier Claim #

 

 

 

Required Medical Examination (RME) - Request for Agreement / Request for Order

I. EMPLOYEE/EMPLOYEE’S ATTORNEY INFORMATION

1.

Employee's Name (First, Middle, Last)

 

 

2. Employee’s Social Security Number

 

 

 

 

 

 

3.

Employee’s Address (Street or PO Box, City State Zip)

 

 

 

 

 

 

 

 

4.

Employee’s Telephone Number

5. Alternate Telephone Number (if available)

6. Date of Injury (mm/dd/yyyy)

(

)

(

)

 

 

7. Attorney/Representative’s Name (if applicable)

 

 

8. Attorney/Representative’s Address (Street or PO Box, City State Zip)

 

 

 

 

 

 

II. EMPLOYER INFORMATION (at the time of the injury)

9. Employer’s Name

10. Employer’s Address (Street or PO Box, City State Zip)

 

 

III. INSURANCE CARRIER INFORMATION

11. Insurance Carrier's Name

12. Insurance Carrier's Address (Street or PO Box, City State Zip)

13. Adjuster’s Name

 

 

 

 

14. Adjuster’s E-mail

15. Adjuster’s Telephone Number

16. Adjuster’s Fax Number

17. Adjuster’s License Number

 

(

)

ext.

(

)

 

REQUEST FOR RME: EVALUATION OF DESIGNATED DOCTOR DETERMINATION (Complete Sections IV, V and VI)

IV. EXAMINATION INFORMATION

18. Examining RME Doctor's Name

19. RME Doctor’s Mailing Address (Street or PO Box, City State Zip)

20. RME Doctor’s License Number

 

 

 

21. RME Doctor's Telephone Number

22. Examination Location (Street, City State Zip)

23. Date and Time of Appointment

(

)

 

 

24. Does the claim involve medical benefits provided through a Certified Health Care Network?

Yes

No If yes, provide the name of the network.

25.Does the claim involve medical benefits provided through a political subdivision pursuant to §504.053(b)(2) of the Texas Labor Code, relating to directly contracting with health care providers or contracting through a health benefits pool? Yes No

If yes, provide the name of the health care plan.

26.Are the employee’s address (Box 3) and the examination location (Box 22) more than 75 miles apart? If yes, explain why the employee is being required to travel more than 75 miles for the examination.

Yes

No

V. PURPOSE OF EXAMINATION

27. Designated Doctor’s Name

28. Date of Designated Doctor examination

29. Issues in the Designated Doctor’s report to be addressed in requested RME. Check all that apply:

Maximum Medical Improvement

Ability to return to work (DWC Form-073)

Impairment Rating

Ability to return to work after the second anniversary of entitlement to

Extent of compensable injury

supplemental income benefits (Texas Labor Code §408.151)

Whether disability is a direct result of work-related injury

Other (explain)

VI. INSURANCE CARRIER CERTIFICATION

30.I hereby certify the following:

This request is complete and accurate.

The insurance carrier will pay reasonable expenses incident to the examination of the injured employee.

The selected doctor does not have a disqualifying association.

If the claim involves medical benefits provided through a political subdivision pursuant to §504.053(b) of the Texas Labor Code, this RME is necessary to resolve an issue relating to the entitlement to or amount of income benefits as required by §504.053(c)(1) of the Texas Labor Code.

I am authorized to act on behalf of the insurance carrier.

I understand that misrepresenting a workers’ compensation claim may result in enforcement action including administrative penalties and fines.

31.

Signature of Adjuster or Authorized Insurance Carrier Representative

For TDI-DWC Use Only

 

 

 

32.

Printed Name of Adjuster or Authorized Insurance Carrier Representative

 

33. Title of Adjuster or Authorized Insurance Carrier Representative

34. Date of Signature

DWC022 Rev. 07/11

Page 1 of 3

 

 

 

 

 

DWC022

 

 

 

 

 

REQUEST FOR RME: APPROPRIATENESS OF HEALTH CARE RECEIVED (Complete Sections VII and VIII)

 

VII. EXAMINATION INFORMATION

 

 

 

35.

Examining RME Doctor's Name

 

36. RME Doctor’s Mailing Address (Street or PO Box, City State Zip)

37. RME Doctor’s License Number

 

 

 

 

 

 

 

38.

RME Doctor's Telephone Number

 

39. Examination Location (Street, City State Zip)

40. Date and Time of Appointment

 

(

)

 

 

 

41. Date of Prior Examination

42. Prior Examining Doctor's Name

43. If different doctors are named in Boxes 35 and 42, explain the reason for requesting a different doctor.

44. Does the claim involve medical benefits provided through a Certified Health Care Network?

Yes

No If yes, provide the name of the network.

45.Does the claim involve medical benefits provided through a political subdivision pursuant to §504.053(b)(2) of the Texas Labor Code, relating to directly contracting with health care providers or contracting through a health benefits pool? Yes No

If yes, provide the name of the health care plan.

46.Are the employee’s address (Box 3) and the examination location (Box 39) more than 75 miles apart? If yes, explain why the employee is being required to travel more than 75 miles for the examination.

Yes

No

VIII. INSURANCE CARRIER CERTIFICATION

47.I hereby certify the following:

This request is complete and accurate.

I have obtained the injured employee’s agreement or attempted to obtain the injured employee’s agreement for an examination under Texas Labor Code §408.004 (Appropriateness of Health Care Examination) as follows:

Check ONLY ONE box below as applicable and provide date(s) as indicated for that box:

Injured employee/attorney notified insurance carrier of agreement to attend examination by carrier’s doctor on (mm/dd/yyyy) Injured employee/attorney notified insurance carrier of non-agreement to attend examination by carrier’s doctor on (mm/dd/yyyy)

Sent to injured employee/attorney on (mm/dd/yyyy)

 

and no reply received as of (mm/dd/yyyy)

The insurance carrier will pay reasonable expenses incident to the examination of the injured employee.

The selected doctor does not have a disqualifying association.

I am authorized to act on behalf of the insurance carrier.

I understand that misrepresenting a workers’ compensation claim may result in enforcement action including administrative penalties and fines.

48. Signature of Adjuster or Authorized Insurance Carrier Representative

49. Date of Signature

50. Printed Name of Adjuster or Authorized Insurance Carrier Representative

51. Title of Person Signing

IX. INJURED EMPLOYEE AGREEMENT/NON-AGREEMENT

52. Complete this section and return a copy of this form to the insurance carrier ONLY if Section VII above has been completed.

I agree

I do not agree - to attend the requested examination to determine whether health care I have received was appropriate.

NOTE: If you agree, you must attend the examination at the time and location scheduled. If you do not agree, the insurance carrier will submit the request to TDI-DWC for review. If TDI-DWC approves the request, you will be issued an order to attend the examination.

53. Signature of Injured Employee or Injured Employee’s Attorney/Representative

For TDI-DWC Use Only

54.Printed Name of Injured Employee or Injured Employee’s Attorney/Representative

55.Date of Signature

NOTE: With few exceptions, upon your request, you are entitled to be informed about information TDI-DWC collects about you; receive and review the information (Government Code, §§552.021 and 552.023); and have TDI-DWC correct information that is incorrect (Government Code, §559.004).

DWC022 Rev. 07/11

Page 2 of 3

DWC022

Information for the Injured Employee

For what purposes may a Required Medical Examination be requested?

DWC Form-022 Required Medical Examination - Request for Agreement / Request for Order is an insurance carrier’s request for you to be examined by a doctor of the insurance carrier’s choice. This examination is called a Required Medical Examination, or RME.

Request for Order (Evaluation of Designated Doctor Determination): If you have been examined by a Designated Doctor, the insurance carrier may ask TDI-DWC to order you to attend an RME to address the same issue(s) the Designated Doctor addressed.

Request for Agreement/Order (Appropriateness of Health Care Received): The insurance carrier may use the form to request your agreement to attend an RME to determine whether health care you have received was appropriate. You have 15 days from the date the carrier sent the request to you to complete Section IX. INJURED EMPLOYEE AGREEMENT/NON-AGREEMENT and return the form to the insurance carrier. You should keep a copy for your records. If you do not agree to attend the RME, the insurance carrier may ask TDI-DWC to order you to attend.

Exception for Network Claims: If you received medical benefits through a certified workers’ compensation health care network, the insurance carrier is not permitted to request an RME on the appropriateness of health care received.

Exception for Certain Political Subdivision Claims: If you received medical benefits through a political subdivision pursuant to §504.053(b)(2) of the Texas Labor Code, relating to directly contracting with health care providers or contracting through a health benefits pool, the insurance carrier is not permitted to request an RME unless the RME is necessary to resolve a question relating to the entitlement to or amount of income benefits.

How often can a Required Medical Examination be performed?

An RME to determine appropriateness of health care received may not be performed more than once every 180 days. Examinations to evaluate a Designated Doctor determination may be performed more frequently. After you have received Supplemental Income Benefits for eight quarters, an RME to evaluate a Designated Doctor determination regarding your ability to return-to-work may be performed no more than once per year.

What will TDI-DWC do?

Within 7 days of receiving the insurance carrier’s request for an RME, TDI-DWC will approve or deny the request.

If TDI-DWC approves the insurance carrier’s request or you agree to attend the RME, TDI-DWC will issue an order requiring you to attend.

NOTE: If the request is approved, your failure to attend the scheduled RME may be considered an administrative violation and may result in suspension of temporary income benefits, if applicable. You may request that your treating doctor attend the RME.

If TDI-DWC denies the insurance carrier’s request, you will receive a copy of the denial order. In that case you will not be required to attend the RME.

Can the RME appointment be rescheduled?

If you cannot attend an RME, you must contact the doctor’s office to reschedule the examination at least 24 hours in advance. The rescheduled appointment must be no later than 7 days after the original appointment unless you and the doctor agree on a different date that is no later than 30 days after the original appointment.

Questions / Information Regarding Travel Reimbursement

If you have questions regarding this form, need to request an accommodation under Title II of the Americans with Disabilities Act (ADA), or need information about reimbursement of travel expenses, contact TDI-DWC by calling (800) 252-7031. To request travel reimbursement, you must use the DWC-Form 048 Request for Travel Reimbursement which is available at http://www.tdi.texas.gov/forms/formlisting.html.

Instructions for the Insurance Carrier

RME regarding Evaluation of Designated Doctor Determination

After completing Sections I, II, and III, complete Sections IV, V and VI regarding an Evaluation of Designated Doctor Determination RME.

Check the applicable box(es) in Section V, Box 29 to describe the reason(s) for the examination.

Fax the request to TDI-DWC at (512) 804-4378.

RME regarding Appropriateness of Health Care Received

After completing Sections I, II, and III, complete Section VII regarding an Appropriateness of Health Care Received RME.

Attempt to obtain agreement by sending the form to the injured employee and the injured employee’s attorney or representative, if any.

Upon obtaining the employee’s answer in writing or by telephone or after 15 days with no response, complete Section VIII. In this section you must indicate whether the injured employee agreed, refused to agree, or failed to respond to the request.

Fax the request to TDI-DWC at (512) 804-4378.

DWC022 Rev. 07/11

Page 3 of 3

Form Information

Fact Details
Form Name Texas Department of Insurance Division of Workers’ Compensation (DWC) Form 022
Purpose Used to request a Required Medical Examination (RME) for a worker to address issues related to a Designated Doctor's determination or to evaluate the appropriateness of received health care
Governing Law Texas Labor Code §408.004 and §504.053(b)(2), among other related provisions
Limits on RME Frequency An RME for assessing health care appropriateness may not be performed more than once every 180 days. However, evaluations of a Designated Doctor's determination may occur more frequently under specific conditions.
Procedure If the Injured Employee Does Not Agree to Attend the RME If the injured employee does not agree to attend the RME, the insurance carrier may request the Texas Department of Insurance Division of Workers’ Compensation (TDI-DWC) to issue an order requiring attendance.

How to Use Texas Dwc022

Filling out the Texas DWC022 form is a crucial step in the process for a Required Medical Examination (RME), whether it's for evaluating the determination of a designated doctor or for checking the appropriateness of received health care. This guide will walk you through how to complete this form accurately to ensure your request is processed without unnecessary delay. Remember, the clearer and more correct the information provided, the smoother the process will go.

  1. Begin with Section I: EMPLOYEE/EMPLOYEE’S ATTORNEY INFORMATION.
    • Fill in the Employee's Name, Social Security Number, Address, Telephone Number, Alternate Telephone Number (if available), Date of Injury, and, if applicable, Attorney/Representative’s Name and Address.
  2. Proceed to Section II: EMPLOYER INFORMATION.
    • Provide the Employer’s Name and Address at the time of the injury.
  3. Continue to Section III: INSURANCE CARRIER INFORMATION.
    • Enter the Insurance Carrier's Name, Address, Adjuster’s Name, E-mail, Telephone Number, Fax Number, and Adjuster’s License Number.
  4. Next, move to Section IV: EXAMINATION INFORMATION for RME on the evaluation of a designated doctor's determination or to Section VII: EXAMINATION INFORMATION for RME regarding the appropriateness of health care received.
    • Fill in the Examining RME Doctor's Name, Mailing Address, License Number, Telephone Number, and the Examination Location, including Date and Time of Appointment.
  5. For Section V: PURPOSE OF EXAMINATION, if this is the step you're at, provide the Designated Doctor’s Name, Date of Designated Doctor examination, and check the issues in the report to be addressed.
  6. In Section VI: INSURANCE CARRIER CERTIFICATION (for evaluation of designated doctor determination) or Section VIII: INSURANCE CARRIER CERTIFICATION (for appropriateness of health care received), complete the certification as required.
    • Include the signature of Adjuster or Authorized Insurance Carrier Representative, date, printed name, and title.
  7. If applicable, ensure the injured employee completes Section IX: INJURED EMPLOYEE AGREEMENT/NON-AGREEMENT.

Once all the relevant sections are correctly filled out, review the form to make sure no information is missing or inaccurate. Sign where required and keep a copy for your records. Next, send the completed form to the appropriate contact, which may vary depending on the nature of the request. This action moves the process forward toward securing the necessary medical examination and ensuing evaluations. Remember, accuracy and completeness are key to a smooth process.

Listed Questions and Answers

What is a DWC022 form in Texas?

The DWC022 form, associated with the Texas Department of Insurance Division of Workers’ Compensation (TDI-DWC), is utilized for two main purposes related to an injured worker’s claim. First, it can request a Required Medical Examination (RME) to review determinations made by a Designated Doctor regarding aspects such as Maximum Medical Improvement and Impairment Rating. Second, it may seek to verify the appropriateness of health care previously received by the injured worker. This form is a critical tool for insurance carriers to ensure that all medical evaluations and treatments align with the state’s workers' compensation laws.

How often can a Required Medical Examination be requested?

An RME focused on the appropriateness of received health care can only be requested once every 180 days. However, evaluations of a Designated Doctor's determinations may occur more frequently. Specifically, after receiving Supplemental Income Benefits for eight quarters, an RME to assess an injured worker's ability to return to work based on the Designated Doctor's findings is allowed annually.

What happens after the insurance carrier submits a request for an RME?

Once the request for an RME is submitted by the insurance carrier to TDI-DWC, the department has 7 days to respond. If approved, TDI-DWC will issue an order mandating the injured worker's attendance at the RME. Compliance is crucial, as failure to attend could lead to administrative repercussions, including the suspension of temporary income benefits. Conversely, if TDI-DWC denies the request, the injured employee will be informed through a denial order and will not be required to undergo the RME.

Can the RME appointment be rescheduled?

Yes, rescheduling an RME is possible if the injured employee cannot attend the initially scheduled appointment. It requires contacting the doctor’s office at least 24 hours before the appointment. The rescheduled date must fall within 7 days from the original date, unless an alternate timeframe, extending no more than 30 days from the initial date, is mutually agreed upon by the doctor and the injured employee.

How is travel reimbursement for attending an RME handled?

For travel reimbursement related to an RME, injured employees need to submit a DWC-Form 048, specifically designed for this purpose. Requests for reimbursement must outline all applicable travel expenses as dictated by TDI-DWC’s guidelines. Injured employees seeking more information or needing to address specific concerns about reimbursement should contact TDI-DWC directly.

What are the exceptions to requesting an RME?

There are notable exceptions to when an RME can be requested. If medical benefits were provided through a certified workers’ compensation health care network or if the injured worker received benefits under certain political subdivision arrangements involving direct contracting with health care providers, an RME focusing on the appropriateness of care received cannot typically be requested. However, an RME may still be requested under these exceptions if it aims to resolve issues related to the entitlement to or amount of income benefits as outlined by specific sections of the Texas Labor Code.

Common mistakes

Filling out the Texas DWC022 form can be a challenging process, and it's easy to make mistakes if you are not very careful. People often rush through paperwork or overlook important details, but in the realm of workers' compensation, accuracy is key. Here are ten common mistakes made when completing this form:

  1. Not double-checking the employee's personal information: It’s crucial to ensure that the employee’s name, social security number, address, and telephone numbers are correctly filled out. A mistake here can delay the entire process.
  2. Forgetting to include the attorney/representative's information: If the employee is represented by an attorney, failing to provide their name and contact information can lead to a lack of proper communication.
  3. Incorrect employer information: Ensuring the employer’s name and address are accurate as of the time of the injury is important for validation purposes. Errors can misdirect responsibilities or benefits.
  4. Omitting insurance carrier details: The insurance carrier's name, address, and adjuster's contact information are essential for effective communication. Missing or incorrect information could cause delays.
  5. Skipping examination details: Information about the RME doctor, including their name, license number, and the examination location, must be provided. Forgetting these details can invalidate the request.
  6. Ignoring the question about Certified Health Care Network: Failing to indicate whether the claim involves medical benefits through a network can lead to confusion regarding the eligibility and process of the request.
  7. Neglecting to specify if travel is required over 75 miles: If the employee must travel over 75 miles for the examination, an explanation is required. This detail matters for travel reimbursement considerations.
  8. Incomplete description of examination purpose: It's necessary to specify the issues that need addressing from the designated doctor’s report. An incomplete description can lead to an inadequate evaluation.
  9. Insurance carrier certification omissions: This section certifies that the request is complete, accurate, and compliant. Missing information or failure to certify can result in the request being denied.
  10. Failing to sign and date the form: The insurance carrier representative must sign and date the form, ensuring accountability and the authenticity of the request. Overlooking this can cause the request to be returned or denied.

Attention to detail when completing the Texas DWC022 form can streamline the workers' compensation process, ensuring that employees receive the necessary examinations without unnecessary delay. It's about getting it right the first time to support everyone involved effectively.

Documents used along the form

When working with the Texas Department of Insurance Division of Workers’ Compensation, particularly concerning the DWC022 form, several other forms and documents are often used in tandem to ensure comprehensive coverage and adherence to procedural requirements. Understanding these documents can greatly enhance the efficiency and effectiveness of managing workers’ compensation claims in Texas.

  • DWC Form-041: This is the Employer's First Report of Injury or Illness form. Employers use this form to report an employee's injury or illness to the Texas Department of Insurance, Division of Workers’ Compensation (DWC). It provides initial information about the injury or illness, the employee, and the employer.
  • DWC Form-045: This is the Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease form. Injured employees fill out this form to officially file a claim for workers' compensation benefits. It details the nature of the injury or disease, work status, and other pertinent information related to the claim.
  • DWC Form-073: The Work Status Report. Healthcare providers complete this form to report an injured employee's ability to return to work. It addresses the employee’s current work capabilities, restrictions, and any modifications needed to facilitate their return to work.
  • DWC Form-048: Request for Travel Reimbursement. Employees use this form to request reimbursement for travel expenses related to medical treatment or required medical examinations for a work-related injury. It specifies the dates of travel, distances, and other expenses for which the employee seeks reimbursement.
  • DWC Form-069: Report of Medical Evaluation. This form is used by the designated doctor to report the results of the Required Medical Examination (RME) or any other examination pertaining to the employee’s work-related injury or illness. It includes the doctor's findings related to the employee's health status, work ability, and any permanent impairments.

Together with the DWC022 form, these documents play a crucial role in the administration of workers' compensation claims in Texas. Each form serves a specific purpose, from reporting an injury and filing a claim to documenting medical evaluations and requesting necessary reimbursements. Familiarization with these forms ensures that all parties involved in the workers' compensation process - employers, employees, healthcare providers, and insurers - have the necessary tools to effectively manage and support injury and illness claims.

Similar forms

The Texas DWC071 form, also known as the "Request for Designated Doctor Examination," shares functional similarities with the DWC022 form, primarily in their objectives concerning workers' compensation claims. Both forms serve to initiate a medical evaluation process by a designated or requested healthcare professional to address specific issues related to a worker's compensation claim, such as the extent of an injury or the determination of maximum medical improvement. However, while the DWC022 form focuses on the requirement for a medical examination either to agree with a designated doctor's determination or to assess the appropriateness of received healthcare, the DWC071 zeroes in on requesting a new designated doctor’s examination to resolve disputes in the claimant’s case.

The DWC Form-073, referred to as "Work Status Report," although distinct in its purpose, aligns closely with the DWC022 form regarding its role in the workers' compensation system. The DWC073 form is instrumental in communicating the injured employee's work capabilities, as assessed by a healthcare professional. It contributes to determining the kind of work the employee can perform despite the injury. This parallels the DWC022's use in determining the necessity of a Required Medical Examination (RME) to evaluate an injured employee’s ability to return to work or the appropriateness of the health care they have received, highlighting both forms' integral roles in managing and adjudicating workers' compensation benefits.

Another related document is the DWC Form-048, "Request for Travel Reimbursement." This form is used by injured workers to obtain reimbursement for travel expenses incurred when attending medical evaluations or treatments mandated by the workers' compensation claim process. It directly connects with the DWC022 form since one of the sections in the DWC022 form deals with whether an employee has to travel more than 75 miles for an examination, indicating when a DWC048 form might be necessary to claim travel reimbursements for attending the RME, demonstrating how these forms operate in tandem within the broader context of managing a workers' compensation claim.

The Texas Labor Code §504.053(c)(1) legal provision is not a form but is relevant in understanding the context and requirements leading to the utilization of the DWC022 form. This section of the Texas Labor Code outlines circumstances under which a Required Medical Examination (RME) is necessary, especially for claims involving political subdivisions. It provides statutory backing for the requests made through the DWC022 form, particularly in sections requesting the examination to resolve issues related to the entitlement to or amount of income benefits. This legal framework is vital for professionals navigating the workers' compensation system, underscoring the DWC022 form's role in complying with Texas law.

Finally, the "Designated Doctor’s Examination Report," although not specified by a form number similar to DWC022, is inherently linked to the process initiated by the DWC022 request. After an RME has been conducted, the findings are documented in an examination report by the designated or examining doctor. This report is crucial for resolving disputes within a claim, such as disagreements over medical findings by a previous doctor or discrepancies in the claimant’s work status. It represents the culmination of the request and examination process outlined in the DWC022, providing the necessary medical evidence to proceed with settling the claimant’s compensation benefits.

Dos and Don'ts

When dealing with the Texas DWC022 form, it is essential to approach this process with care and attention. The form plays a crucial role in workers’ compensation cases, particularly with regards to undergoing Required Medical Examinations (RMEs). Below is a guide that outlines key dos and don'ts that should be followed for a smooth, error-free submission.

Things You Should Do:

  • Double-check the employee's information before submitting the form to ensure all details are correct and current.
  • Clearly mark the sections that are applicable to your request, whether it's an Evaluation of Designated Doctor Determination or Appropriateness of Health Care Received.
  • Include all required information about the examining RME doctor, such as name, mailing address, license number, and telephone number.
  • Ensure that the date and time of the appointment are accurately noted, and confirm these with the employee or their attorney.
  • Provide detailed explanations if the employee needs to travel more than 75 miles for the examination.
  • Check all relevant boxes in Section V to indicate the issues that the RME will address.
  • Make certain that the insurance carrier’s certification section is fully completed and signed by an authorized representative.
  • Communicate the examination's purpose and expectations with the employee to ensure understanding and compliance.
  • Keep a copy of the completed form for your records and provide a copy to the employee or their attorney.
  • If the employee agrees to the RME, ensure their agreement is properly documented in Section IX of the form.

Things You Shouldn't Do:

  • Avoid leaving mandatory fields empty. If a section does not apply, mark it as N/A.
  • Do not forget to provide contact information for the employee to reach out if there are questions or concerns about the RME.
  • Resist the temptation to rush through the form; missing information can lead to delays or denial of the request.
  • Don’t ignore the employee's rights, such as the right to be informed about the examination and to have their treating doctor present.
  • Avoid scheduling the examination without confirming the employee's availability.
  • Do not underestimate the importance of ensuring the examining doctor does not have a disqualifying association with the case.
  • Don’t send the form to TDI-DWC without first trying to obtain the employee's agreement, if applicable.
  • Avoid making assumptions about the employee's understanding of the process; offer clear explanations and answer questions.
  • Do not neglect to include information about the insurance carrier’s commitment to pay for reasonable expenses related to the examination.
  • Don't forget to inform the employee about their right to request travel reimbursement if applicable.

Misconceptions

When discussing the Texas DWC022 form, various misconceptions often circulate among employees, employers, and sometimes even legal professionals. Understanding these misconceptions is crucial for navigating the complexities of workers' compensation claims in Texas. Here's a list of nine common misunderstandings:

  • Anyone can request an RME: Actually, only insurance carriers can request a Required Medical Examination (RME) by filling out the DWC022 form.
  • The form is only for disagreements with the insurance carrier: While often used in disputes, the DWC022 form's purpose is broader. It includes requesting an RME to evaluate the appropriateness of received health care or to review a Designated Doctor's determination.
  • The employee's consent is not required for the RME: The form itself has sections dedicated to obtaining employee agreement for the examination. If the employee does not agree, the insurance carrier must seek an order from the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC).
  • RMEs can be requested at any time for any reason: RMEs are subject to specific conditions such as frequency limitations, the appropriateness of care, or evaluating a previous determination by a Designated Doctor.
  • All sections of the DWC022 form must be completed: The section to be completed depends on the type of request being made. There are sections specific to evaluating Designated Doctor determinations and others for assessing the appropriateness of health care received.
  • Claims involving certified networks allow for RME requests: The form specifies exceptions where RMEs cannot be requested for claims involving medical benefits provided through certain networks or political subdivisions.
  • An RME can replace a Designated Doctor's examination: The purpose of an RME can include evaluating a Designated Doctor's determination, but it does not replace the authority of a Designated Doctor’s examination in the workers’ compensation system.
  • Travel expenses for attending an RME are the employee's responsibility: The insurance carrier is required to pay reasonable expenses associated with attending the RME.
  • The DWC022 form is final: After the insurance carrier submits the request, the TDI-DWC will review it and can approve, deny, or require changes, demonstrating that the form submission is part of a larger process.

Understanding these misconceptions is vital for anyone involved in the Texas workers' compensation system. It ensures that employees, employers, and insurance carriers navigate the process with accurate expectations and requirements, promoting fairness and efficiency in resolving workers' compensation claims.

Key takeaways

  • Understanding the Purpose: The Texas DWC022 form is utilized by insurance carriers to request that an injured employee undergo a Required Medical Examination (RME) by a doctor chosen by the insurer. This could be for evaluating the appropriateness of received health care or for re-evaluating determinations made by a Designated Doctor regarding issues like maximum medical improvement or impairment rating.
  • Completing the Form: Sections I, II, and III of the DWC022 form require basic information including the employee, employer, and insurance carrier details. When requesting an RME, it’s crucial to fill these sections accurately to avoid delays.
  • Examination Specifics: Detailed examination information must be provided in Section IV (for Evaluation of Designated Doctor Determination) or VII (for Appropriateness of Health Care Received), including the examining doctor's details and appointment logistics.
  • Employee Agreement: An injured employee has the right to agree or disagree to attend the RME. This decision is documented in Section IX, and if disagreement is indicated, the insurance carrier must seek approval from TDI-DWC to mandate the examination.
  • Insurance Carrier Certification: By signing the form, the insurance carrier certifies the request's completeness and accuracy, commits to covering reasonable examination expenses, and confirms the absence of disqualifying associations with the selected doctor.
  • Rescheduling: If an employee cannot attend the originally scheduled RME, they must contact the doctor’s office at least 24 hours in advance to reschedule, ensuring the new date is within 7 to 30 days of the initial appointment.
  • Frequency of Examinations: RMEs focusing on the appropriateness of received health care can’t be conducted more than once every 180 days. However, evaluations based on Designated Doctor determinations may occur more frequently, with specific limitations for evaluations related to return-to-work capabilities after receiving Supplemental Income Benefits.
  • Travel Reimbursement: Injured employees required to travel for an RME may be eligible for travel expense reimbursement. They should use the DWC-Form 048 to request this reimbursement, following the Texas Department of Insurance, Division of Workers’ Compensation guidelines.
  • Treating Doctor's Attendance: Employees may request the presence of their treating doctor during the RME, which can offer support and insight during the evaluation process.
  • Administrative Requirements: The form requires that the insurance carrier must attempt to obtain the injured employee's agreement for the examination by contacting them directly or through their attorney. Failure to attend an approved RME without proper rescheduling may result in administrative penalties, including the suspension of temporary income benefits.
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