20 C.F.R. § 702.406

Change of physicians; non-emergencies

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(a) Whenever the employee has made his initial, free choice of an attending physician, he may not thereafter change physicians without the prior written consent of the employer (or carrier) or the district director. Such consent shall be given in cases where an employee's initial choice was not of a specialist whose services are necessary for, and appropriate to, the proper care and treatment of the compensable injury or disease. In all other cases, consent may be given upon a showing of good cause for change.

(b) The district director for the appropriate compensation district may order a change of physicians or hospitals when such a change is found to be necessary or desirable or where the fees charged exceed those prevailing within the community for the same or similar services or exceed the provider's customary charges.

[38 FR 26861, Sept. 26, 1973, as amended at 50 FR 402, Jan. 3, 1985]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1986–2025 · leading case: Roger's Terminal & Shipping Corp. v. Dir., Off. of Worker's Comp. Programs, Dep't of Labor & Emile Smith, 784 F.2d 687 (5th Cir. 1986).

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Roger's Terminal & Shipping Corp. v. Dir., Off. of Worker's Comp. Programs, Dep't of Labor & Emile Smith, 784 F.2d 687 (5th Cir. 1986). “§ 907 (b) allows an employee to change physicians in accordance with the regulations, and 20 C.F.R. § 702.406 sets forth the procedure.”

Ports Am. Louisiana, Inc. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 714 F. App'x 398 (5th Cir. 2018). · cites it 3× “§ 907 (b); 20 C.F.R. § 702.406 (b) ("The district director .”

Sun Terminals, Inc. v. Maximo Polo (11th Cir. 2025). · cites it 2× “upon a showing of good cause,” 20 C.F.R. § 702.406 (a) (emphases added).”

Parklands, Inc. v. Dir., Off. of Workers' Comp. Programs, 877 F.2d 1030 (D.C. Cir. 1989). “20 C.F.R. § 702.406 (1983) (emphasis added).”

Kirkland v. Ingalls Shipbuilding (5th Cir. 1997). “1 See also 20 C.F.R. § 702.406 (a)(requiring the employee to get the consent of his employer or the district director to change physicians).”

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