This situation occurs quite often (especially with the high cost of living in the greater metropolitan area). Initially, you must contact your lawyer (and notify the carrier and Workers’ Compensation Board if you are unrepresented). You should also advise your doctors. They might be helpful in locating a new doctor for you.
If you have already settled your case, or have been declared to have a permanent partial disability you are not required to submit ongoing evidence of your disability, and work limitations. However, if your case is still pending, and you are seeking ongoing financial/medical benefits you must find a doctor in your area who is willing to treat you and submit reports on your behalf. Many times placing a call to the local office of your State’s Workers’ Compensation Board will result in a list of doctors who might be willing to accept NYS workers’ compensation insurance.
Once you have found a local doctor, you should have their office contact your workers’ compensation carrier to discuss billing and paperwork issues. You must be very proactive, since New York State does not have jurisdiction over out of State physicians.
If you are out of work, working at reduced earnings or seeking a final settlement it is up to you to remind your new doctor to file timely medical reports which discuss the degree of your disability. They must also use the same paperwork (which they can obtain online), as NYS physicians, and are bound by the NYS treatment guidelines.
Finally, if you discover that your new doctor is not cooperating by filing properly completed medical reports on your behalf please do not continue to call your attorney’s staff and get upset with them. We always attempt to help you with this situation, but it is, ultimately your responsibility to ensure that the necessary reports are being completed and filed in a timely fashion.