Right of Selection Passes to Respondents When ATP Refuses

Claimant request to change an authorized treating provider after original physician refuses transfer

This penalty claim was time barred by the one-year statute of limitations as the claimant did not timely raise the issue. Furthermore, the remedy for a violation of Rule 8 is that the clamant gets to select a provider and the clamant had already received this remedy by getting to change to the physician of her choice, Dr. Matney. The claim for penalties was dismissed with prejudice. The claimant appealed this decision, and it was affirmed by the Industrial Claim Appeals Office.

Valdez v. PetsMart, W.C. No. 5-230-123 (ICAO Jan. 22, 2026).

Want to know more? Contact Ilene Feldmeier at ifeldmeier@pollartmiller.com


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