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  1. #1
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    Nov 2017
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    Default Boss Insisting on Being Present at Medical Appt

    Boss insists on going to and being I'm the examination room during my appointments.. he also insisted I sign a form giving him full medical records ... This just feels fishy.. and the PA just seems to dowhat ever he suggests... Worse I find out it's his personal family doctors... What do I do here..???

  2. #2
    Join Date
    May 2010
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    590

    Default Re: Boss Insisting on Being Present at Medical Appt

    Quote Quoting Courty75 View Post
    Boss insists on going to and being I'm the examination room during my appointments.. he also insisted I sign a form giving him full medical records ... This just feels fishy.. and the PA just seems to dowhat ever he suggests... Worse I find out it's his personal family doctors... What do I do here..???
    Get a lawyer ASAP!......You need to know your rights, and keep this from spinning out of control more.

  3. #3
    Join Date
    Feb 2007
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
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    3,760

    Default Re: Boss Insisting on Being Present at Medical Appt

    What state are you in? I don't think the boss can go in with you unless you consent. Tell the doctor that "I want a private visit with you. I don't want my privacy rights under HIPAA violated." That may not work, as HIPAA does not apply in workers' comp cases, but the doctor may not know that. Your state workers' comp law may require you to give permission before the employer can communicate about you with the doctor.

    Here in NC, your employer can visit with the doctor only if you give consent. Don't consent.

    But the employer / insurance company can hire a case nurse to go in with you. But they cannot talk to the doctor without you unless you consent, or the doctor kicks you out of that conversation.

    Your employer does not need your consent to get the medical records, but that is ok to let the employer have the records pertaining to the injury anyway, in a comp claim.

    But you do NOT want the employer trying to influence the doctor's thought processes or opinions in his current treatment and evaluation of your injury.
    Last edited by complwyr; 11-14-2017 at 04:20 PM.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  4. #4
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    Oct 1971
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    5,056

    Default Re: Boss Insisting on Being Present at Medical Appt

    Courty75
    Boss insists on going to and being I'm the examination room during my appointments..
    I assume you're in North Carolina because you've posted in the N.C forum.
    Tell that idiot to get out of that exam room and demand that doctor protect your privacy rights, that's just plain silly.
    If the employer wants information about your medical status, he can follow the law and request your records in writing.

    No one, including that case manager may violate your "confidential physician‑patient relationship" rights without your consent, see: (Section§97‑25.6.(a)) and the "Rules Governing the Use of Rehabilitation Professionals" established by the Commission.
    If you are represented, that case manager can have no contact with you without your attorneys presence or consent - they should wait in the waiting room until you leave - to do otherwise would be a violation of attorney-client privilege.

    In the future, do not enter that exam room with that idiot or anyone present - retain legal counsel if these clowns refuse to respect your privacy rights.

    Section§97‑25.6. Reasonable access to medical information.
    a) Notwithstanding any provision of G.S. §8‑53 to the contrary, and because discovery is limited pursuant to G.S. §97‑80, it is the policy of this State to protect the employee's right to a confidential physician‑patient relationship while allowing the parties to have reasonable access to all relevant medical information, including medical records, reports, and information necessary to the fair and swift administration and resolution of workers' compensation claims, while limiting unnecessary communications with and administrative requests to health care providers.
    (2) Written communications with health care providers. – An employer may communicate with the employee's authorized health care provider in writing, without the express authorization of the employee, to obtain relevant medical information not available in the employee's medical records. The employer shall provide the employee with contemporaneous written notice of the written communication. The employer may request the following additional information:
    http://www.ic.nc.gov/ncic/pages/statute/97-256.htm

    North Carolina Industrial Commission
    A Summary for Injured Workers of the Rules Governing the Use of Rehabilitation Professionals in Workers’ Compensation Case
    A Rehabilitation Professional (RP) is an independent professional hired or employed by your employer or insurance company.
    Some are Medical Rehabilitation Professionals and some are Vocational Rehabilitation Professionals.
    7.You have the right to a private examination by your doctor, if you so choose.
    You also have the right to have your RP with you in the exam room as long as your doctor approves. After you have had a private exam, if your RP wants to discuss anything with your doctor, you have the right to participate in the discussion, unless your doctor says there is a reason why you should not be present.
    8. If your RP does not follow these rules or you believe you have other good reasons, you may ask the Industrial Commission to remove your RP from your case. You may make this request by sending a letter explaining your reasons to the Industrial Commission’s Executive Secretary’s Office and send a copy of your letter to the insurance company and your RP.
    http://www.ic.nc.gov/ncic/pages/rehabsum.pdf

    What you describe is a direct violation of the physician‑patient relationship - if it continues, file a complaint against that doctor with the North Carolina Medical Board.

    The physician-patient relationship
    A physician’s first responsibility is to his or her patients. Having assumed care of a patient, the physician’s responsibility is to provide competent, compassionate, and economically prudent care within the standards of acceptable medical practice and to make treatment decisions that are in the best interest of the patient. It is the Board’s position that it is unethical for a physician to allow financial incentives or other interests to adversely affect or influence his or her medical judgment or patient care. Patient advocacy is a fundamental element of the patient-physician relationship and should not be altered by the health care system or setting in which a physician practices. All physicians should exercise their best professional judgement when making patient care decisions. When economic or other interests are in conflict with patient welfare, the patient’s welfare must take priority. Physicians who hold administrative leadership positions should foster policies that support the physician-patient relationship and enhance the quality of patient care.
    https://www.ncmedboard.org/resources...t_relationship

    File a complaint
    The complaint process is open to any individual or organization interested in filing a complaint against a licensee of the NC Medical Board
    . Complaint forms are accepted from patients, family members and other members of the public, as well as from medical professionals and health care organizations such as hospitals, pharmacies, insurance companies, health care agencies or other entities.
    https://www.ncmedboard.org/resources...le-a-complaint
    Additional questions?
    Please contact the Board’s Complaint Department at 1-800-253-9653 (ext. 501).

    Tony
    Last edited by tony; 11-15-2017 at 07:07 AM.
    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
    Join Date
    Nov 2017
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    2

    Default Re: Boss Insisting on Being Present at Medical Appt

    I am in NC.. and as the I hurt my back.. was given an x-ray and told they could tell via the x-ray it was a simple back sprain (because they have super x-ray machines that can see soft tissue dmg now I am assuming) after a month light duty and 4 shots of a steroid I was cleared for full duty.. when I said that my back that had never before caused me any pain now still hurts but and causes severe discomfort and sleep issues I was told by the PA "just deal with it" and "work through the pain" how do I go about getting a second opinion..? With out my bosses heavy influence on the PA..?

    Also I should mention when I asked for an MRI I was flat out refused because they said they could see from the x-ray it was a simple back sprain

  6. #6
    Join Date
    Oct 1971
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    5,056

    Default Re: Boss Insisting on Being Present at Medical Appt

    Courty75
    how do I go about getting a second opinion..?
    Submit a written request to the employer, if he refuses or denies your privacy rights, you may then file a written request to the Industrial Commission to order a second opinion examination.
    A legitimate doctor would never allow anyone in the exam room without your permission - that's just plain goofy.
    If you go to the second opinion exam and your employer or anyone is in that room, demand they leave or end the exam.

    I would advise you to seek legal counsel before taking further action, this stuff is over your head - that employer and the carrier will continue to play games, they know you are clueless and will take full advantage of it.

    Section §97-25. Medical treatment and supplies.
    (b) Upon the written request of the employee to the employer, the employer may agree to authorize and pay for a second opinion examination with a duly qualified physician licensed to practice in North Carolina, or licensed in another state if agreed to by the parties or ordered by the Commission. If, within 14 calendar days of the receipt of the written request, the request is denied or the parties, in good faith, are unable to agree upon a health care provider to perform a second opinion examination, the employee may request that the Industrial Commission order a second opinion examination. The expense thereof shall be borne by the employer upon the same terms and conditions as provided in this section for medical compensation.
    http://www.ic.nc.gov/ncic/pages/statute/97-25.htm

    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.

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