SECTION 127.15. Undue Influence on a Designated Doctor

(a) Communication about medical condition or history. To avoid undue influence on the designated doctor:

(1) except as provided by §127.10(a) of this title (relating to General Procedures for Designated Doctor Examinations), only the injured employee or appropriate division staff may communicate with the designated doctor about the injured employee's medical condition or history before the designated doctor examines the injured employee;

(2) after the examination is completed, only appropriate division staff may communicate with the designated doctor about the injured employee's medical condition or history; and

(3) the designated doctor may initiate communication with:

(A) any health care provider who previously treated or examined the injured employee for the work-related injury; or

(B) a peer review doctor that the insurance carrier identifies as having reviewed the injured employee's claim or any information about that claim.

(b) Communication about administrative matters. The insurance carrier, treating doctor, injured employee, or injured employee's representative, if any, may contact the designated doctor's office to ask about administrative matters, including, but not limited to, whether the designated doctor received the records, whether the exam took place, or whether the designated doctor has filed the report, or other similar matters.

Source Note: The provisions of this §127.15 adopted to be effective February 1, 2011, 35 TexReg 11324; amended to be effective April 30, 2023, 48 TexReg 2123