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Understanding the significance of the Tennessee C 42 form is crucial for both employers and employees within the state. This form, officially titled "Agreement Between Employer/Employee Choice of Physician," plays a pivotal role in the workers' compensation process, ensuring that injured workers receive timely and appropriate medical care. Mandated by the Tennessee Department of Labor and Workforce Development, this document clarifies the procedure for selecting a treating physician after a workplace injury. According to Tennessee Workers' Compensation Law, as detailed in T.C.A. Section 50-6-204, an injured employee is presented with a choice of three or more reputable physicians by their employer, from which they can choose their attending physician or operating surgeon. This selection process is crucial, especially considering the nuances of different injuries; for example, back injuries require an expanded panel of four medical professionals, including a chiropractor. In specific cases involving orthopedic or neuroscience conditions, the selection is broadened to a panel of five, emphasizing the law’s dedication to providing specialized care. Furthermore, the form outlines the rights and responsibilities of the employee, including the requirement to comply with examinations and accept the medical services provided, highlighting the potential consequences of refusal. It is a powerful document encapsulating the worker’s right to medical treatment and the legal frameworks designed to support recovery and return to work. Essential for compliance and the fair treatment of injured workers, the C 42 form is a keystone of workplace safety and workers' compensation in Tennessee.

Example - Tennessee C 42 Form

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

Form Breakdown

Fact Number Fact Detail
1 The form serves as an agreement between employer and employee regarding the choice of physician under the Tennessee Department of Labor and Workforce Development, Division of Workers' Compensation.
2 It is governed by The Tennessee Workers' Compensation Law, specifically T.C.A. Section 50-6-204.
3 Providing false information on the form can result in imprisonment, fines, and denial of insurance benefits due to the commitment of fraud.
4 Employers are required to designate a group of at least three reputable physicians or surgeons for the injured employee to choose from for their care, with specific provisions if the injury involves back injuries.
5 For back injuries, the statutory panel must include four physicians, one of whom must be a chiropractor, with a limit on chiropractic visits set to 12.
6 If orthopedic or neuroscience treatment is necessary, the employer can appoint a panel of five physicians, with no more than four being affiliated in practice, and employees can seek second opinions on surgery, impairment, and diagnosis from this panel.
7 Employees are required to submit to examinations by the employer-appointed physician as requested, but may have their own physician present at their expense.
8 Refusal to comply with requests for examination or to accept provided medical services results in the suspension of the employee's right to compensation.
9 The form includes sections for the employee to select their physician from the employer-provided list, signifying agreement to the terms laid out in the document.
10 Contact information for both the employee and the selected physicians is recorded on the form to facilitate communication and the administration of care.

Detailed Instructions for Filling Out Tennessee C 42

When dealing with a workplace injury in Tennessee, properly filling out the C-42 form is a foundational step toward ensuring that you, the injured employee, receive the appropriate medical attention and support as dictated by the workers' compensation laws of the state. This document essentially records and formalizes the choice of physician, in line with the agreed provisions between employer and employee, ensuring a smooth process in managing your care. Here's a breakdown of the steps required to complete the form effectively:

  1. Read through the entire form carefully to understand the importance of each section and the role it plays in your workers' compensation claim.
  2. Under the section titled "AGREEMENT BETWEEN EMPLOYER/EMPLOYEE CHOICE OF PHYSICIAN," note the physicians or surgeons listed by your employer. These are the approved choices provided to you for selecting your primary care or specialty physician as needed based on your injury.
  3. In the space provided next to "Physician chosen:", write the name of the physician you select from the employer-provided list. Make sure to choose based on the specific medical needs related to your injury and the available specialists on the list.
  4. Enter the "Date of injury:" by recording the specific day on which the injury occurred in a MM/DD/YYYY format.
  5. Fill in the "Date of selection:" with the current date when you are making your physician choice, again in a MM/DD/YYYY format.
  6. Plan and note the "Date of appointment:" indicating when you have scheduled your initial visit with the chosen physician. This is crucial for timely medical intervention.
  7. In the segment provided at the bottom of the form, fill in your "Employee’s Name" as it appears officially in your employment records.
  8. Write your current "Employee’s Address" including city, state, and ZIP code to ensure accurate correspondence related to your workers' compensation claim.
  9. Provide your "Employee’s Phone" number, including area code, for direct communication about your case or any further instructions related to your care.
  10. Sign your name under "Employee’s Signature" to validate your selections and acceptance of the physicians listed, as well as the terms outlined in the form.
  11. Lastly, ensure that your employer signs under "Employer’s Signature" to acknowledge and agree to the selections made and the entries in the form. Also, ensure your "Employee’s SSN" is correctly listed, as it is vital for processing your workers’ compensation claim.

Upon completing and signing the form, it's essential that both you and your employer retain copies. This documented agreement then becomes part of your workers' compensation claim file, facilitating the process of receiving the medical treatment you need. Remember, accurate and thorough completion of the form is crucial for safeguarding your rights and ensuring all parties understand their responsibilities in your care following a workplace injury.

More About Tennessee C 42

What is the purpose of Form C-42 in Tennessee?

The Form C-42, titled "Agreement Between Employer/Employee Choice of Physician," serves to comply with the Tennessee Workers' Compensation Law. It outlines the procedure for injured employees to select a healthcare provider from a list offered by their employer for treatment of a work-related injury or illness. This form ensures that workers receive medical care while abiding by the rules established under workers' compensation law.

How does an injured worker select a physician using Form C-42?

An injured employee selects a physician by choosing from a list of three or more reputable physicians or surgeons provided by their employer. This list must include practitioners not associated in the same practice, if possible, within the community. Once the employee chooses a physician, they indicate their choice on the Form C-42 and submit it as part of their workers' compensation claim process.

What happens if the injury is a back injury?

For back injuries, the employer is required to expand the list to include four medical providers, one of whom must be a chiropractor. Treatment from the chiropractor is limited to 12 visits. This ensures that employees with back injuries have access to a range of treatment options, including specialized chiropractic care.

Can an injured employee seek a second opinion?

Yes, employees have the right to a second opinion on issues such as surgery, impairment, and diagnosis from within the same panel of practitioners, but only if the injury requires treatment from a physician practicing orthopedic or neuroscience medicine, and the employer has appointed such a panel with five physicians, no more than four of whom are affiliated in practice.

What are the requirements for examinations by the employer's physician?

The injured employee must submit to examinations by the employer's designated physician at all reasonable times when requested by the employer. However, the employee has the right to have their own physician present during such an examination at their own expense.

What are the consequences of refusing to comply with medical examinations or treatments?

If an injured employee refuses to comply with reasonable requests for examinations or to accept the medical or specialized medical services that the employer is required to furnish, their right to compensation can be suspended. No compensation will be due or payable while the refusal continues.

How is the selection of a physician documented?

The selection of a physician is documented on the Form C-42. The injured employee must fill out the section indicating their chosen physician's name, along with the injury's date, the date of physician selection, and the date of the first appointment. Both the employee and employer must sign the form to confirm the agreement.

What is the significance of providing accurate information on Form C-42?

Providing accurate and truthful information on Form C-42 is critical as knowingly providing false, incomplete, or misleading information to any party in a workers' compensation transaction is a criminal offense. Such actions can lead to penalties including imprisonment, fines, and denial of insurance benefits.

Can an employee choose their own physician outside of the employer's list?

As per the Tennessee Workers' Compensation Law, the injured employee must select from the list provided by the employer. Choosing a physician not on the list can result in the denial of coverage for those medical services under the workers' compensation claim.

Where can I find more information on workers' compensation in Tennessee?

For more information about workers' compensation in Tennessee, including details on the claims process, rights, and obligations of employees and employers, you can visit the Tennessee Department of Labor and Workforce Development's Division of Workers' Compensation website or contact them directly at their office in Nashville, Tennessee.

Common mistakes

Filling out the Tennessee C 42 form, which facilitates the agreement between employer and employee regarding the choice of physician in line with the Tennessee Workers' Compensation Law, necessitates meticulous attention to detail. However, errors frequently occur, often resulting from common misunderstandings about the process or the form's requirements. These mistakes can significantly delay the healing and compensation process for injured workers.

The following list outlines six common errors made when completing the form:

  1. Not selecting a physician from the provided list: The form requires an injured employee to choose a physician from a list supplied by their employer. This choice must be made from the group of three (or more) reputable physicians (or a panel of five for certain injuries), which is a crucial step often overlooked or misunderstood.
  2. Incomplete or inaccurate employee information: Often, employees fill out their personal details incompletely or inaccurately. This includes their name, address, phone number, and the date of injury, which are all essential for processing the form.
  3. Failure to document the date of physician selection and appointment: The form asks for the date of the physician's selection and the date of the appointment. These dates are frequently left blank or filled in incorrectly, which can cause delays in receiving medical treatment and compensation.
  4. Omission of signature: Both the employee and the employer must sign the form. Failure to include these signatures can invalidate the form, stalling the compensation process.
  5. Ignoring the expanded panel requirement for specific injuries: For back injuries, the statutory panel must include four physicians, one of whom must be a chiropractor, with treatment limited to 12 chiropractic visits. This special requirement is often disregarded.
  6. Not understanding the right to a second opinion: The form stipulates that for treatments requiring an orthopedic or neuroscience specialist, employees are entitled to a second opinion from the same panel. This right is frequently misunderstood or not fully appreciated by employees.

In addition to these common mistakes, employees should be aware of the consequences of providing false information on the form, which can include denial of insurance benefits, fines, or imprisonment. It is also important for both employees and employers to understand that the employee has the right to have their own physician present during examinations by the employer’s physician, a fact often overlooked which can impact the employee's comfort and trust in the medical process following a workplace injury.

Ultimately, careful completion of the Tennessee C 42 form is vital for ensuring that injured employees receive the medical attention and compensation they are entitled to in a timely manner. Awareness and avoidance of these common mistakes can significantly streamline the process for all parties involved.

Documents used along the form

When navigating the complexities of workers' compensation in Tennessee, understanding the associated forms and documents that often accompany the Form C-42 is crucial. The C-42 form is fundamental in establishing an agreement between an employer and an employee regarding the choice of physician following a workplace injury. However, this form is just one piece of the puzzle. To facilitate a smoother process and ensure compliance with state laws, several other documents may also be necessary. Here’s a concise guide to each.

  • Form C-20: Employee's First Report of Work Injury or Illness - This form is typically the first document filled out when an injury occurs, initiating the workers' compensation claim process.
  • Form C-41: Wage Statement for Temporary Total Disability (TTD)/Temporary Partial Disability (TPD) - Employers use this form to report the injured employee's wages, which helps in calculating disability benefits.
  • Form C-30: Request for Benefit Review Conference - If there's a dispute regarding the claim, this form is used to request a conference to review the benefits.
  • Form C-28: Medical Waiver and Consent - This authorizes the release of medical information relevant to the injury to the employer or insurance carrier.
  • Form C-32: Pre-trial Hearing Statement - Used to outline the issues, witnesses, and evidence before a pre-trial hearing in the workers' compensation case.
  • Form C-40: Notice of Denial of Benefits - Employers or insurers use this form to deny a workers' compensation claim, stating the reasons for denial.
  • Form C-60: Permanent Impairment Rating Form - Physicians complete this form to document the percentage of permanent impairment, if any, resulting from the injury.
  • Physician’s Report: A detailed report from the treating physician about the injury, treatment plans, and prognosis.
  • Settlement Agreements: Documents that outline the terms of any settlement reached between the employee and employer or insurance carrier.
  • Appeal Notices: If any party disagrees with the decision made during the workers' compensation process, appeal notices are necessary to initiate the appeal process.

Each of these documents plays a vital role in the administration and resolution of workers' compensation claims in Tennessee. They ensure that both the rights of the injured employee and the obligations of the employer are clearly defined and adhered to throughout the process. Familiarity with these forms and documents not only streamlines the process but also aids in the effective management of workplace injuries, ultimately supporting the well-being of employees and the operational integrity of businesses alike.

Similar forms

The "Choice of Physician" form, often found in other workers' compensation contexts, bears resemblance to the Tennessee C-42 form concerning the election of medical provider options. This form typically allows injured workers to select from a predefined list of healthcare providers for their injury treatment, similar to how the C-42 form offers a choice among a panel of physicians. The key purpose is to streamline the process of getting medical care after a workplace injury, ensuring that the treatment aligns with workers' compensation laws and regulations.

The "Medical Authorization Release" form, like the C-42, involves the documentation of consent but focuses on permitting the release and sharing of an employee's medical information between healthcare providers and the employer. This parallels the C-42's aspect of handling sensitive medical information under the stipulation of workers' compensation claims. The form is crucial in the context of verifying the nature and extent of injuries, similar to how examination results on the C-42 might be used.

The "Employee's Report of Injury" form, which employees fill out to report an incident or injury at work, shares similarities with the C-42 form's function of initiating the workers' compensation claim process. Though the C-42 largely deals with the selection of medical treatment, the initial reporting form marks the beginning of the documentation trail for a workers' compensation claim, culminating in choices like those documented on the C-42 about medical care.

An "Employer's First Report of Work-Related Injury/Illness" form, which employers use to report injuries to the appropriate state department or workers' compensation board, shares the C-42's emphasis on procedural compliance within workers' compensation. While this form focuses on the employer’s report of the incident, the C-42 deals with subsequent steps, particularly the selection of healthcare providers, showcasing the multi-step process involved in workers’ compensation claims.

The "Return to Work" form, signifying an injured employee's capacity and clearance to return to work after recovery, complements the journey outlined by the C-42 form. Where the C-42 assists in initiating an employee's treatment path, the "Return to Work" form represents a potential conclusion of that path, indicating recovery and the ability to resume employment duties, albeit sometimes under modified conditions.

The "Permanent Partial Disability" form is used when assessing an employee's post-recovery condition, determining if permanent impairments remain. This assessment is a sequela of the treatment and medical evaluation processes initiated by forms like the C-42, which dictate the choice of medical professionals involved in such determinations. The focus on defining long-term outcomes and potential compensation adjustments mirrors the C-42’s role in shaping the trajectory of an employee’s recovery and benefits.

The "Request for Mediation" form, utilized in disputes over workers' compensation claims, indirectly connects to the pathways established by the C-42 form. If disagreements arise regarding the choice of physician, the effectiveness of treatment, or the handling of the claim itself, mediation or arbitration may be sought as resolution methods. This emphasizes the importance of each step and choice made in the workers' compensation process, highlighting how critical initial forms like the C-42 are in determining the overall direction and satisfaction with a claim's outcome.

Dos and Don'ts

When dealing with the Tennessee C-42 Form, it's crucial to navigate the process with care and accuracy. This form plays a vital role in the workers' compensation system, facilitating an agreement between the employer and the employee regarding the choice of physician. To ensure a smooth process, here are nine things you should and shouldn't do:

  • Do read the entire form carefully before filling it out. Understanding every section will help you fill it out accurately.
  • Do verify the list of physicians provided by your employer to ensure they meet the requirements stated in the form. This includes checking for the specified number of physicians or specialists appropriate for the injury or illness.
  • Do accurately fill in your personal information, including your name, address, phone number, and the date of injury. Errors here can lead to unnecessary delays.
  • Do select a physician from the list provided by your employer thoughtfully, considering the type of injury and the expertise of the physicians available.
  • Do make sure to sign and date the form where necessary. Your signature validates the agreement and is a crucial step in the process.
  • Don't provide false, incomplete, or misleading information on the form. Remember, doing so is a crime that can lead to severe penalties, including imprisonment and fines.
  • Don't rush through the selection of a physician. The choice can significantly impact the quality of medical care you receive and your recovery process.
  • Don't forget to document and keep a copy of the form once filled out. Having a record is essential for your reference and in case any disputes arise.
  • Don't hesitate to ask questions or seek clarification from your employer or a legal advisor if you're unsure about any aspect of the form. It's better to ask for help than to make an error.

By adhering to these guidelines, individuals can navigate the process more efficiently, ensuring that they make informed decisions regarding their medical care after a workplace injury. The Tennessee C-42 Form is designed to protect both the employee's right to choose a suitable physician and the employer's obligation to provide medical care, making its accurate completion critically important.

Misconceptions

There are several common misconceptions about the Tennessee Form C-42, "Agreement Between Employer/Employee Choice of Physician," which can lead to confusion among both employees and employers in the workers' compensation process. Let’s address seven of these misconceptions.

  • Only traditional medical doctors are on the panel. Contrary to what many believe, the panel of physicians provided to an injured employee must include a variety of specialists if necessary. For example, if the injury is a back injury, a chiropractor must be included on the panel.

  • The employee has no say in their treatment. In reality, the injured employee has the right to choose their operating surgeon and attending physician from a group of three or more reputable physicians or surgeons provided by the employer.

  • If the first physician is unsatisfactory, the employee is stuck with them. Actually, if an injury requires certain specialty care, such as orthopedic or neuroscience, the employee may be entitled to a second opinion from within a specially expanded panel.

  • Chiropractic care is unlimited. This is incorrect; if a chiropractor is selected from the panel for a back injury, treatment is limited to 12 visits under the workers' compensation claim.

  • The employee must pay for their own choice of physician if they don’t choose from the list. While the form stipulates that the employer provides the panel of physicians, if the employee elects to have their own physician present during examinations, they must bear the cost of their physician's services.

  • An employee refusing treatment or examination will lose their job. While refusal to comply with reasonable requests for examination or to accept medical services can lead to suspension of compensation benefits, this does not automatically mean loss of employment.

  • Providing inaccurate information on the form is a minor issue. Providing false, incomplete, or misleading information on the form is a crime that can result in imprisonment, fines, and denial of insurance benefits, highlighting the importance of accuracy.

Understanding the specifics of the Tennessee Form C-42 is crucial for both employers and employees in navigating the workers' compensation system effectively and ensuring that injured employees receive the care and benefits they are entitled to.

Key takeaways

The Tennessee C-42 form represents a crucial agreement in the context of workers' compensation, detailing the process an injured employee must follow when selecting a physician. A clear understanding of this document is essential for both employers and employees navigating the complexities of workplace injuries.

  • Physician Selection: The injured employee is entitled to choose their attending physician and operating surgeon from a list of at least three reputable physicians or surgeons provided by the employer. These professionals should not be associated in practice, ensuring unbiased medical opinions and care.
  • Back Injuries: For back injuries, the employer is required to expand the list of healthcare professionals to include four physicians, one of whom must be a chiropractor. This inclusion accommodates a range of treatment options, with a limitation of 12 chiropractic visits.
  • Specialized Panels for Orthopedic or Neuroscience Issues: If an injury or illness necessitates the expertise of a physician or surgeon specializing in orthopedic or neuroscience medicine, the employer may present a panel consisting of five physicians, no more than four of whom can be affiliated in practice. This allows for a comprehensive evaluation and treatment plan for conditions requiring specialized care.
  • Right to a Second Opinion: The form stipulates that if the employer provides a specialized panel for orthopedic or neuroscience issues, the injured employee has the right to seek a second opinion on surgery, impairment, and diagnosis from within that same panel, affording the employee greater control over their medical care and treatment outcomes.
  • Mandatory Compliance for Compensation: Injured employees must comply with reasonable requests for examinations by the employer’s designated physician. Refusal to comply or to accept the medical services provided can result in the suspension of the employee’s right to compensation for the duration of such refusal, underlining the importance of adhering to the outlined processes.
  • Legal and Ethical Considerations: The form reminds parties involved that it is a criminal offense to knowingly provide false, incomplete, or misleading information within the workers' compensation system, highlighting the importance of honesty and accuracy in all communications and documentation related to workplace injuries.

By following the stipulations outlined in the Tennessee C-42 form, both employers and employees can navigate the aftermath of workplace injuries more effectively, ensuring access to appropriate medical care and facilitating fair compensation matters.

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