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A review of consent orders issued by the Commissioner of Workers’ Compensation since early 2019 indicates the DWC is monitoring and removing designated doctors who fail to perform under the requirements of the rules. A Medical Quality Review Panel (“MQRP”) audit was done to evaluate the medical necessity and appropriateness of additional testing or referral by designated doctors.  At the conclusion of the audit, the DWC determined that, not only did the doctors unnecessarily make referrals to other providers or order unnecessary testing, they also engaged in other activities that either violated the rules or were considered substandard by the DWC.  Specifically, the consent orders identify the following reasons for sanctioning the designated doctors:

  • failing to explain why additional testing or referral was necessary;
  • submitting inaccurate or inappropriate reports due to insufficient medical history or physical examination and analysis of medical records;
  • unreasonably certifying the date of MMI;
  • failing to consider DWC adopted guidelines where MMI was an issue;
  • failing to consider return to work guidelines where return to work was an issue;
  • assigning an inappropriate or unreasonable impairment rating; and
  • opining on extent of injury when not ordered to do so.

The following designated doctors have either been removed from the DWC designated doctor list for a period of time ranging from 2 to 4 years or have been ordered to pay administrative penalties and complete DWC workshops and other additional training:

AL Jameson, D.C.                 removed for 2 years

Sandra E. Silmon, D.C.         fined and training ordered
William W. Howell, D.C.        removed for 2 years
Kiva L. Davis, D.C.                removed for 2 years
Jarrett Armstrong, D.C.         removed for 4 years
Brittny Alexander, D.C.          removed for 2 years
Howard Liu, D.C.                   fined and training ordered
Pamela Victoria Ford, D.C.    removed for 2 years
Laura Deon, M.D.                  removed for 2 years
Of particular interest is the fact that all but one of the doctors sanctioned listed Genesis as their scheduling company.
In light of the DWC’s interest in monitoring the quality of the designated doctor’s work product, it might be worthwhile to start filing complaints in cases where you receive designated doctor reports that fall short for the reasons listed above.  The complaint process has been somewhat simplified and can be accessed here:
Copyright 2019, Stone Loughlin & Swanson, LLP