Benefits: Medical Benefits: Treating Physician

Anderson v. Albertson's, Inc. [8/12/04] 2004 MTWCC 59 A claimant may have more than one treating physician where his or her industrial injuries require. Thus, the fact that a surgeon does not treat depression does not preclude a claimant from obtaining benefits for antidepressant medication and treatment prescribed by another physician where the depression is due to the industrial injury.

Travelers v. Martini, M.D. [6/06/02] 2002 MTWCC 31 Section 39-71-116(36), MCA, defines treating physician as the medical provider "primarily responsible for treatment of a worker's compensable injury." A medical doctor who is primarily responsible for the treatment and maintained supervision and control over the nurse practitioner's services is entitled to reimbursement for the nurse practitioner's services.

O'Connor v. Nat'l Union Fire Ins. [06/23/95] 1995 MTWCC 51 Although claimant asks the Court to allow her to designate a particular physician as her treating physician after her current treating doctor completes surgery and post-operative care, there is presently no controversy regarding claimant’s treating physician, so the Court will not now make any orders on that issue.