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In the intricate fabric of workers' rights and employer responsibilities within Tennessee, the Form C-42 stands as a crucial document, safeguarding the interests of employees who suffer injuries in the workplace. Framed by the Tennessee Department of Labor and Workforce Development, this form embodies the agreement between employer and employee concerning the choice of physician, in accordance with the Tennessee Workers' Compensation Law, T.C.A. Section 50-6-204. It underscores the procedure whereby an injured employee must select a physician from a group of three or more reputable physicians or surgeons provided by the employer, with specific provisions for back injuries and conditions requiring orthopedic or neuroscience expertise. Moreover, the form emphasizes the importance of compliance through a stern reminder that providing false information in workers' compensation transactions constitutes a crime, punishable by fines, imprisonment, or denial of insurance benefits. This agreement also details the rights of the employee to undergo examination by the chosen physician, while highlighting the ramifications of refusing reasonable requests for examination or medical services. As such, the Form C-42 not only facilitates an organized approach to selecting healthcare providers after a workplace injury but also delineates the responsibilities both parties bear to ensure the process is executed fairly and lawfully.

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FORM C-42

TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT

Division of Workers' Compensation

220 French Landing Dr.

Nashville, Tennessee 37243-1002

AGREEMENT BETWEEN EMPLOYER/EMPLOYEE CHOICE OF PHYSICIAN

It is a crime to knowingly provide false, incomplete or misleading information to any party to a workers' compensation transaction for the purpose of committing fraud. Penalties include imprisonment, fines and denial of insurance benefits.

In compliance with The Tennessee Workers' Compensation Law, T.C.A. Section 50-6-204

The injured employee shall accept the medical benefits afforded hereunder; provided, the employer shall designate a group of three (3) or more reputable physicians or surgeons not associated together in practice, if available in that community, from which the injured employee shall have the privilege of selecting the operating surgeon and the attending physician. If the injury is a back injury, the statutory panel must be expanded to 4, one of whom must be a chiropractor with treatment limited to 12 chiropractic visits. Further, if the injury or illness requires the treatment of a physician or surgeon who practices orthopedic or neuroscience medicine, the employer may appoint a panel practicing orthopedic or neuroscience medicine consisting of 5 physicians, with no more than 4 physicians affiliated in practice. If the employer provides this panel, the injured employee shall be entitled to have a second opinion on the issue of surgery, impairment, and a diagnosis from that same panel.

James G. Stensby, MD

931-967-5646

 

 

Physician’s Name

Phone

 

 

186 Hospital Road

Winchester

TN

37398

Office Address

City

State

Zip

Lynn J. Williams, MD

931-962-0561

 

 

Physician’s Name

Phone

 

 

2006 Decherd Blvd.

Decherd

TN

37324

Office Address

City

State

Zip

Ephraim B. Gammada, MD

931-962-1004

 

 

Physician’s Name

Phone

 

 

1509 Old Cowan Road

Winchester

TN

37398

Office Address

City

State

Zip

(d)(1) "The injured employee must submit to examination by the employer's physician at all reasonable times if requested to do so by the employer, but the employee shall have the right to have the employee's own physician present at such examination, in which case the employee shall be liable to such physician for such physician's services."

(7)"If the injured employee refuses to comply with any reasonable request for examination or to accept the medical or specialized medical services which the employer is required to furnish under the provisions of this law, such injured employee's right to compensation shall be suspended and no compensation shall be due and payable while such injured employee continues such refusal."

According to the provisions of this agreement, I hereby have selected the following physician from the list provided to me by my employer.

Physician chosen:__________________________

Date of injury:_____________________

Date of selection:__________________________

Date of appointment:________________

University of the South

________________________________________________

735 University Avenue

Employee’s Name

Sewanee, TN 37383

 

931-598-1381

________________________________________________

 

Employee’s Address

 

________________________________________________

 

Employee’s Phone

 

________________________________________________

 

Employee’s Signature

_______________________________

________________________________________________

Employer’s Signature

Employee’s SSN

Document Data

Name of Fact Description
Form Identification FORM C-42 TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT Division of Workers' Compensation
Purpose Agreement Between Employer/Employee Choice of Physician
Warning Against Fraud It is a crime to knowingly provide false, incomplete or misleading information to any party to a workers' compensation transaction for the purpose of committing fraud.
Governing Law Tennessee Workers' Compensation Law, T.C.A. Section 50-6-204
Employee Requirement The injured employee shall accept the medical benefits afforded under this agreement.
Employer Obligation Employer shall designate a group of three (3) or more reputable physicians or surgeons not associated together in practice, for the employee to choose from.
Special Provisions for Back Injuries If the injury is a back injury, the statutory panel must be expanded to 4, one of whom must be a chiropractor with treatment limited to 12 chiropractic visits.
Right to Examination The injured employee must submit to examination by the employer's physician at reasonable times if requested, but can have their own physician present at their own expense.

Detailed Guide for Using Tennessee C 42

Filling out the Tennessee Form C-42 is a crucial step for employees who have suffered an injury at work and are navigating through the workers' compensation process. This form plays a significant role in ensuring that injured employees select an appropriate healthcare provider from a list provided by their employer, as mandated by the state law. By carefully following the steps outlined below, employees can correctly complete the form, which helps in avoiding delays in receiving the medical attention they need and ensures compliance with legal requisites.

  1. Read the preamble at the top of the form carefully, understanding the legal implications of providing false information and the stipulations around selecting a physician for your work-related injury or illness.
  2. Examine the list of physicians provided by your employer. Remember, for general injuries, three physicians should be listed. If it’s a back injury, ensure there is a chiropractor among the four required options. The law states these physicians shouldn't be associated in practice, ensuring you have a variety of options for your care.
  3. In the section titled "Physician chosen," write the full name of the doctor you are selecting from the list provided by your employer. Make sure to choose a physician who meets your medical needs and whom you feel comfortable with handling your care.
  4. Enter the "Date of injury" by mentioning the exact date when the injury occurred. This information is critical as it ties your choice of physician to the specific incident for which you're seeking treatment.
  5. Fill in the "Date of selection" section by noting the date you are completing this form and making your physician selection. This date is important for record-keeping and to ensure proceedings happen in a timely manner.
  6. Specify the "Date of appointment" if you have already scheduled an initial consultation with the chosen physician. If not, leave this blank until an appointment date is confirmed.
  7. Under "University of the South," input your full name to identify yourself as the injured employee making the physician selection.
  8. Provide your address including any necessary details such as apartment number or PO Box, city, state, and zip code in the space designated for "Employee’s Address."
  9. Write down your contact phone number under "Employee’s Phone" ensuring it is a number where you can be easily reached for any follow-up or clarification.
  10. Sign your name in the space provided under "Employee’s Signature." By signing, you are agreeing to the selected physician and acknowledging the information provided on the form is accurate to the best of your knowledge.
  11. Ensure your employer signs the form under "Employer’s Signature." The employer's signature verifies that they have provided you with the necessary information and agree with your physician choice.
  12. Lastly, include your Social Security Number (SSN) at the bottom of the form. While sensitive, this information is necessary for processing your workers' compensation claim efficiently.

Once the form is fully completed and signed by both you and your employer, it's important to submit it to the appropriate department or individual handling workers' compensation claims within your company. Keeping a copy for your personal records is also advised. This action ensures that there's evidence of compliance and selection should any disputes or queries arise during your claim process.

Important Questions on This Form

What is the Tennessee C-42 Form?

The Tennessee C-42 Form, issued by the Tennessee Department of Labor and Workforce Development, facilitates the agreement between employer and employee on the choice of physician in case of a work-related injury. According to Tennessee Workers' Compensation Law, when an employee gets injured at work, this form allows them to choose a doctor from a panel of three or more reputable physicians provided by their employer for treatment. It is essential for the process of receiving workers' compensation benefits and ensuring the employee gets the necessary medical attention.

How does the choice of physician work under the Tennessee C-42 form?

Under this form, the employer must present the injured worker with a selection of three or more reputable physicians or surgeons, not affiliated in practice, if such professionals are available in the community. The injured employee then selects one as their attending physician. For back injuries, the panel must include four physicians, one of whom must be a chiropractor, with the treatment limited to 12 chiropractic visits. Additionally, if orthopedic or neuroscience expertise is required, an expanded panel of five physicians may be provided, from which the employee can also seek a second opinion on surgery, impairment, and diagnosis.

What happens if an injured employee refuses treatment or examination?

If an injured employee refuses any reasonable request for examination or to accept the medical services the employer is required to furnish, the employee's rights to compensation are suspended. No compensation is due and payable while the employee continues such refusal, as per the provisions detailed in the form. It is critical for employees to comply with these requests to ensure their eligibility for workers' compensation benefits remains intact.

Can an injured employee have their own physician present during examinations?

Yes, the injured employee has the right to have their own physician present during any examinations requested by the employer. However, it is important to note that the employee will be responsible for the costs of their chosen physician's services during these examinations. This provision ensures that the employee can have a trusted medical professional present without forfeiting their right to an examination by a physician from the employer’s panel.

What are the consequences of providing false information on the Tennessee C-42 form?

Providing false, incomplete, or misleading information to any party involved in a workers' compensation transaction, including on the Tennessee C-42 Form, is considered a criminal offense. Those found guilty of committing fraud can face severe penalties, including imprisonment, fines, and the denial of insurance benefits. It is crucial for both employers and employees to provide accurate information throughout the workers' compensation claims process to avoid such consequences.

Common mistakes

When filling out the Tennessee C-42 form, which is crucial in the process of workers' compensation claims, individuals often make mistakes that can complicate or delay their claims. One key area where errors commonly occur is in the accurate completion of personal details. Here are ten frequent mistakes to be aware of:

  1. Not checking for accuracy. Every detail, including the spelling of names, addresses, and phone numbers, needs to be accurate.
  2. Incorrect physician selection. The form must include a choice from the employer-provided panel of physicians. The chosen physician's name, address, and phone number should match the information provided by the employer.
  3. Failing to provide a physician for back injuries. For back injuries, a chiropractor must be among the selectees, and this is often overlooked.
  4. Overlooking the date fields. Dates of injury, selection of a physician, and appointment dates are frequently left blank or filled out inaccurately.
  5. Skipping the signature fields. Both the employee and employer's signatures are essential for the form to be valid, yet they are sometimes missed.
  6. Ignoring the employee’s rights section. Not acknowledging the right to have a personal physician at examinations, and the implication of refusing treatment or evaluations, can lead to uninformed decisions.
  7. Forgetting to expand the medical panel when necessary. In cases needing orthopedic or neuroscience specialists, the failure to select from an expanded panel of five physicians is a common oversight.
  8. Incomplete employment information. The employee’s job title, department, and contact details sometimes are not thoroughly provided.
  9. Not utilizing the second opinion option. Employees often are not aware they can seek a second opinion from within the same panel for surgery, impairment, and diagnosis purposes.
  10. Misunderstanding the purpose of the form. The significance of selecting a physician and the implications for the workers’ compensation claim may not be fully understood, leading to under-informed choices.

Beyond these common errors, it's critical for both employees and employers to approach the completion of the Tennessee C-42 form with careful attention to detail. Mistakes made on this form can not only delay the processing of workers' compensation benefits but can also impact the quality of medical care received. Taking the time to double-check that all provided information is accurate and complete is a step toward ensuring a more efficient and less stressful claims process.

By being mindful of these frequent mistakes and approaching the form with the necessary thoroughness, individuals can help streamline their workers' compensation claim, ensuring they receive the benefits and care they are entitled to without unnecessary delay.

Documents used along the form

When navigating workers' compensation claims in Tennessee, particularly with the completion and submission of the C-42 form - "Agreement Between Employer/Employee Choice of Physician," there are often several other forms and documents that come into play. These additional documents each serve a unique purpose in the broader context of managing and processing workers' compensation claims, ensuring thorough documentation and adherence to the procedural requirements set forth by the Tennessee Department of Labor and Workforce Development.

  • C-20 Form - First Report of Work Injury or Illness: This form serves as the initial notification document for an employer to report a workplace injury or illness to the Tennessee Department of Labor and Workforce Development. It's a crucial first step in the claims process, documenting the incident's specifics and kickstarting the administrative procedures necessary for a claim to be considered and processed.
  • C-30 Form - Settlement Agreement: Used when there is an agreement between the employee and employer (or insurance carrier) regarding the compensation due for a workplace injury. This document outlines the terms of the settlement, including any lump sum payments, future medical treatments covered, or other compensation agreed upon. It must be approved by the Tennessee Bureau of Workers' Compensation to become effective.
  • Wage Statement Form: This document provides a detailed account of the injured employee's earnings prior to the injury. It's used to calculate the average weekly wage, which in turn, helps determine the compensation rate for temporary disability benefits. The accurate calculation of these benefits is essential for ensuring fair compensation for lost wages due to workplace injury or illness.
  • Medical Waiver and Consent Form: This authorization allows the employer or the employer's insurance carrier to obtain medical records and communicate with healthcare providers concerning the employee's treatment. It's pivotal in the workers' compensation claim process, as it ensures that pertinent medical information can be reviewed to verify the nature and extent of the workplace injury or illness.
  • Form C-41 (Notice of Denial): In cases where an employer or insurance carrier decides to deny a workers' compensation claim, this form communicates the decision to the employee. It provides the reasons for the denial and information on how the employee can appeal the decision if they choose to do so.

Together with the C-42 form, these documents form a comprehensive paper trail that is vital for the transparent, fair, and efficient handling of workers' compensation claims in Tennessee. Understanding each document's role and requirements can significantly impact the outcome of a claim, providing clarity and direction for employees navigating the complexities of workers' compensation proceedings.

Similar forms

The "Designation of Primary Care Physician" form, often used in health insurance plans, shares similarities with the Tennessee C 42 form in allowing the insured individual to select a primary care physician from a list provided by the insurance company. Both forms aim to streamline the process of receiving medical care by pre-identifying healthcare providers approved within a network or system, ensuring the treatments are covered under the respective plans. Thus, they both facilitate a smoother, more structured approach to initiating medical care, whether for general health maintenance or specific injury treatment related to workers' compensation.

Similarly, the "Authorization for Use or Disclosure of Protected Health Information" form under the HIPAA (Health Insurance Portability and Accountability Act) regulations parallels the Tennessee C 42 form in its emphasis on informed consent and the disclosure of personal health information. Each document is designed with the protection of personal health information at its core, ensuring that individuals have a say in how and when their health information is used or shared, especially in contexts where such information is crucial for processing health benefits or workers' compensation claims.

The "Workers' Compensation Claim Form" that employees must fill out when reporting a workplace injury or illness shares a clear functional resemblance to the Tennessee C 42 form. This form initiates the workers' compensation process, just as the C 42 form is a critical step in selecting a healthcare provider for the treatment of the reported injury. Both are crucial in documenting the occurrence and nature of the injury as well as the initial steps toward recovery and compensation, laying the groundwork for the ensuing administrative and medical processes.

Another document with similarities to the Tennessee C 42 form is the "Employee's Choice of Physician" form, commonly found in other states' workers' compensation programs. This form, much like the Tennessee counterpart, allows injured workers to choose their medical provider from a list offered by the employer, within the constraints of state laws and regulations. While the specifics might vary by jurisdiction, the fundamental purpose of enabling an injured worker’s right to select a preferred healthcare provider underlines both documents.

Last but not least, the "Return-to-Work" form, used by employees transitioning back to work after a workplace injury, indirectly relates to the actions initiated by the Tennessee C 42 form. Although its primary function is to document the readiness and capacity of an employee to return to work, possibly with restrictions or accommodations, it is a downstream document that depends on the successful selection of healthcare providers and treatment outcomes that the C 42 form facilitates. This linkage underscores the continuum of care and administrative processes involved in workplace injury recovery and management.

Dos and Don'ts

When filling out the Tennessee C-42 form, a crucial document for those navigating through workers' compensation situations, prioritizing accuracy and informed choices is key. Here's a distilled guidance on what you should and shouldn't do to make the process smoother and ensure your rights are protected.

Do:
  • Read the entire form carefully before filling it out. Understanding every part of the form ensures that you know your rights and the implications of your choices. This form is about choosing a physician from a list provided by your employer after a work-related injury, which is a critical decision.
  • Verify the physicians’ credentials and areas of specialization. Since you have the option to choose from a list, doing a little research to ensure that the physician you select is best suited to your medical needs can make a big difference in your recovery journey.
  • Mark the date of injury, date of physician selection, and date of the first appointment clearly. These dates are important for your records and for ensuring that all parties are aware of the timeline of your treatment and claim.
  • Sign and date the form. Your signature is required to validate the form. Ensure that you also get the signature of your employer, as this document is an agreement between you and them.
Don't:
  • Don’t rush through the selection process. Given the importance of the physician in assessing and treating your injury, take your time to make an informed choice.
  • Don’t leave any sections blank. Incomplete forms may lead to delays or disputes. If a section does not apply, it’s better to mark it as “N/A” than to leave it empty.
  • Don’t forget to keep a copy for your records. Having your own copy ensures that you have all the information you need for future reference, especially if there are any questions or issues with your claim.
  • Don’t provide false information. The form clearly states that knowingly providing false, incomplete, or misleading information is a crime with severe penalties. Be honest and accurate in every detail you provide.

By following these dos and don'ts, you're taking important steps to protect your health and your rights under the workers' compensation laws in Tennessee. Remember, this form is an integral part of the process, designed to ensure you receive the appropriate medical care for your recovery.

Misconceptions

Understanding the Tennessee Form C-42 and its provisions is crucial for ensuring that injured employees receive the medical care and benefits they're entitled to under workers' compensation laws. However, misconceptions about this form can lead to confusion and mistakes. Here are four common misconceptions explained:

  • Employees can only choose from doctors in their immediate local area: This is a misunderstanding. While the form does stipulate that the employer must provide a panel of three or more reputable physicians or surgeons for the employee to choose from, it does not limit these options to those only within the employee's immediate local area. The key requirement is the availability of reputable choices, not their geographic location.
  • Chiropractic treatment is unlimited: Another common misconception is regarding chiropractic care. The form specifically states that if the injury is a back injury, the statutory panel must include a chiropractor, but treatment is limited to 12 visits. This clause ensures that while chiropractic care is accessible, it is within reasonable limits.
  • The listed physicians are the only options for all types of injuries: This is incorrect. For certain types of injuries or illnesses that require specialty care, such as those needing orthopedic or neuroscience expertise, employers may provide a panel of five physicians specializing in the required field. This ensures that employees have access to specialized care when it's needed.
  • If the employee refuses any treatment, they lose all their compensation rights: While the form does state that refusing to comply with reasonable requests for examination or to accept the medical services provided can result in suspension of compensation rights, this does not mean an employee loses all rights to compensation indefinitely. The suspension remains only while the employee continues the refusal. Understanding and complying with these requests is vital for maintaining eligibility for benefits.

Clearing up these misconceptions helps ensure that both employees and employers can navigate the workers' compensation process more effectively, ensuring injured workers receive the care and benefits they need for recovery.

Key takeaways

When dealing with the Tennessee Form C-42, understanding its purpose and requirements is crucial for employees navigating workers' compensation claims. Below are key takeaways about completing and utilizing this form.

  • The Form C-42 establishes a protocol for choosing a physician in the event of a workplace injury, ensuring employees receive medical treatment from reputable sources.
  • An employer must provide an injured employee with a selection of at least three physicians, not associated in practice, to choose from for their medical care. This choice becomes more specialized with certain types of injuries, like back injuries, which require the inclusion of a chiropractor in the list.
  • For injuries requiring orthopedic or neuroscience medical attention, the panel provided by the employer can be expanded to five physicians, aiming to offer a wider array of specialists for effective treatment options.
  • The injured worker has the entitlement to a second opinion within the provided panel on specific issues such as surgery, impairment, and diagnoses, highlighting the employee’s right to comprehensive medical evaluation and satisfaction with their care.
  • Subject to the workers' compensation law, the form mandates that the injured employee cooperate with medical examinations requested by the employer. Refusal to comply can lead to a suspension of compensation benefits until compliance is achieved, emphasizing the importance of adherence to the suggested medical evaluation processes.
  • By signing the Form C-42, both the employee and employer agree upon the selected physician and acknowledge the regulations around the medical treatment in workers' compensation claims, reinforcing the mutual understanding and responsibilities in the claims process.

Completion and submission of the Tennessee Form C-42 are integral steps in securing and managing workers' compensation benefits, ensuring that injured employees receive appropriate medical care from the onset of their claims. This process not only facilitates the employee's recovery but also aligns with legal protocol, maintaining transparency and accountability between the employee and employer throughout the workers' compensation claim.

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