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  1. #1
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    Nov 2011
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    Default Case Manager Attendance at Appointment

    Just wondering can a case manager (employer retained) be requested to leave a PCP doctors appointment?
    Last edited by MHM; 11-22-2011 at 05:31 PM.

  2. #2
    Join Date
    Oct 1971
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    4,996

    Default Re: Case Manager Attendance at Appointment

    Quote Quoting MHM View Post
    Just wondering can a case manager (employer retained) be requested to leave a PCP doctors appointment?
    They can wait in the waiting room, no they can't be in the exam room with you without your permission.
    When they bring a case manager into the scene, it's time to hire a lawyer to act as a buffer.
    Talk as little as possible and avoid that manager until to get a lawyer, they are nothing but trouble.

    "Lawyer Up" asp
    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
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    Nov 2011
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    Default Re: Case Manager Attendance at Appointment

    Thanks for the quick reply, Tony!
    Do you have a reference for that? Like from the Hawaii Revised Statutes?
    I have a lawyer but things are very screwed up. Long story.
    Mahalo again
    M

    ---------- Post added at 07:15 PM ---------- Previous post was at 07:08 PM ----------

    Another question. Can we videotape a Functional Capacity Test or an Independent Medical Examination or have someone else present?

  4. #4
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    Oct 1971
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    4,996

    Default Re: Case Manager Attendance at Appointment

    Quote Quoting MHM View Post
    Thanks for the quick reply, Tony!
    Do you have a reference for that? Like from the Hawaii Revised Statutes?
    I have a lawyer but things are very screwed up. Long story.
    Mahalo again
    M

    ---------- Post added at 07:15 PM ---------- Previous post was at 07:08 PM ----------

    Another question. Can we videotape a Functional Capacity Test or an Independent Medical Examination or have someone else present?
    Not off hand, all of Hawaii's sites seem to be down, what I'm saying applies in most states.
    Maybe someone else will chime in with a source.
    I'm sure the above applies in all states though, I can't see anyone allowing a manager into an exam room.
    As for the taping issue, I'm not a proponent of it, it doesn't change the outcome and raises flags. I say just go and have the exam, cooperate and leave. It's not like the doc is going to be fair because there's a video, he know it's basically meaningless.

    Give me some time to see if I can find some info, that's one state that has few sources.

    If you have a lawyer, you need to have him handle any case manager issues, also he should be answering these questions for you.

    Tony
    Last edited by tony; 11-22-2011 at 10:03 PM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
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    Nov 2011
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    Default Re: Case Manager Attendance at Appointment

    Thanks Tony
    I would ask my lawyer but he seems to be off this week!
    Many mahalos for your help
    M

    ---------- Post added at 12:34 AM ---------- Previous post was at 12:20 AM ----------

    This is all I have found.
    Haw. Rev. Stat. Vol.7 386-79. (1985).
    Medical examination by employer's physician. After an injury and during the period of disability, the employee, whenever ordered by the director of labor and industrial relations, shall submit to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer. The employee shall have the right to have a physician or surgeon designated and paid by the employee present at the examination, which right, however, shall not be construed to deny to the employer's physician the right to visit the injured employee at all reasonable times and under all reasonable conditions during total disability.

  6. #6
    Join Date
    Oct 2011
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    60

    Default Re: Case Manager Attendance at Appointment

    i am from the state of n.y. and once i got an attornery he got rid of the case manager and the vocational rehab counsler that were both assigned by the ins. co. The nurse case manager was causing all kinds of problems, and the vocational rehab was trying to hook me up with jobs that was not with in my restrictions, call your attorneys firm and ask him or her can you get rid of the case manager because she's not your friend, her job is to get the md to get you back to work asap.

  7. #7
    Join Date
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    Calif
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    17,943

    Default Re: Case Manager Attendance at Appointment

    Quote Quoting MHM View Post
    Thanks Tony
    I would ask my lawyer but he seems to be off this week!
    Many mahalos for your help
    M

    ---------- Post added at 12:34 AM ---------- Previous post was at 12:20 AM ----------

    This is all I have found.
    Haw. Rev. Stat. Vol.7 386-79. (1985).
    Medical examination by employer's physician. After an injury and during the period of disability, the employee, whenever ordered by the director of labor and industrial relations, shall submit to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer. The employee shall have the right to have a physician or surgeon designated and paid by the employee present at the examination, which right, however, shall not be construed to deny to the employer's physician the right to visit the injured employee at all reasonable times and under all reasonable conditions during total disability.
    Just wondering can a case manager (employer retained) be requested to leave a PCP doctors appointment?
    Your site to HI code is relative to a IME... your question regards a PCP... and, the HI code allows for you to pay and have presend a Dr of your choice... you are NOT required to allow a NCM/Nurse Case Mgr into a exam room with you at a PCP appt... that is your treating physician, and you have the right to privacy. You do however have to permit the NCM to discuss your PCP treatment plan...whether or not you are present. (IMHO...you should always be present at any discussion between your PCP and NCM... if only to know what is discussed)

  8. #8
    Join Date
    Jul 2010
    Posts
    148

    Default Re: Case Manager Attendance at Appointment

    Recording a IME sounds like a great idea but in pratice can be challenging. So IME docs will refuse to perform the exam while being recorded. Some IME docs are total whores for the IC but there are two sides to that coin. My third IME doctor i really liked and sent a IME report to the ic that must have really ruined my adjusters day and shortly after the IME i asked the doctor to be my treating pain management doctor so the IME hired by the IC ended up being my doctor for almost a year now. IMHO a telling sign is if the doctor does anything other than IME work. My first, second and fourth IME docs did just that. All they did was IME work for insurance companies and they know who butters their bread.

    Now NCM are a whole different ballgame. MY first ncm was a piece of work. I never let her in my exam room. She was sneaky and rude and I was glad to be rid of her. About 2 months after she was gone they sent another one at me. She was on my case for 9 months. she did help me. she did what she said and helped me alot. No surprise that she was fired not just from my case but from the company. I spoke with her after they let her go and she said the reason was "failure to direct and control cost" and then they sent ncm #3 after me. So i met with her and after a nearly 1 hour face to face conversation come to find out that she had only been in the wc system for 6 weeks. She had never been to a IME or seen a FCE report she was totally green. My point is every case is different as is every person involved in this messed up system. But the bottom line is cash and they won't spend it if they don't think they have to. Best of luck to you.

  9. #9
    Join Date
    Dec 2013
    Posts
    2

    Default Re: Case Manager Attendance at Appointment

    Hawaii is a 1 party state for doing your own audio recordings that relate to your medical case. Get a good micro recorder or even some apps on Android and iphone work well.

    AAA Watchdog

    Quote Quoting badlanding View Post
    Recording a IME sounds like a great idea but in pratice can be challenging. So IME docs will refuse to perform the exam while being recorded. Some IME docs are total whores for the IC but there are two sides to that coin. My third IME doctor i really liked and sent a IME report to the ic that must have really ruined my adjusters day and shortly after the IME i asked the doctor to be my treating pain management doctor so the IME hired by the IC ended up being my doctor for almost a year now. IMHO a telling sign is if the doctor does anything other than IME work. My first, second and fourth IME docs did just that. All they did was IME work for insurance companies and they know who butters their bread.

    Now NCM are a whole different ballgame. MY first ncm was a piece of work. I never let her in my exam room. She was sneaky and rude and I was glad to be rid of her. About 2 months after she was gone they sent another one at me. She was on my case for 9 months. she did help me. she did what she said and helped me alot. No surprise that she was fired not just from my case but from the company. I spoke with her after they let her go and she said the reason was "failure to direct and control cost" and then they sent ncm #3 after me. So i met with her and after a nearly 1 hour face to face conversation come to find out that she had only been in the wc system for 6 weeks. She had never been to a IME or seen a FCE report she was totally green. My point is every case is different as is every person involved in this messed up system. But the bottom line is cash and they won't spend it if they don't think they have to. Best of luck to you.

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