During a contested case hearing (CCH), it was determined that the claimant’s injury and subsequent return to light duty did not warrant a second designated doctor examination.

The hearing officer resolved the disputed issue by deciding that pursuant to Section 408.0041 and Texas Department of Insurance, Division of Workers’ Compensation (Division) rules, a second designated doctor examination of the claimant by the doctor should not have been scheduled.

Section 408.0041(b) provides, in part, that an examination under Section 408.0041 may not be conducted more frequently than every 60 days, unless good cause for more frequent examinations exists, as defined by commissioner rules.

The claimant had made a request for a second designated doctor exam within 60 days of his first request.  Because the evidence established the second designated doctor examination was not within 60 days of the first designated doctor examination, the claimant was not required to show good cause for scheduling the second designated doctor examination under Rule 127.1(c). Accordingly, the appeals panel reversed the hearing officer’s determination, and a new determination was rendered that pursuant to Section 408.0041 and Division rules, a second designated doctor examination of the claimant should have been scheduled.

Appeal 160697