Legal Question in Workers Comp in Arizona
Are doctor visits for an industrial injury private?
My nephew hurt his arm at work and has been under industrial for several months, now the insurance is presuring him to have exploratory surgery and demand to have a representative of the insurance in the doctors office during this surgery. What are his rights?
1 Answer from Attorneys
Re: Are doctor visits for an industrial injury private?
This is an interesting question. Ordinarily, privacy concerns are only about communication. During surgery, there will probably not be much communication with him, so he may not have a privacy right.
On the other hand, it is difficult to imagine that his doctor would say no if he asks him to exclude non-essential personnel from the O.R. I do not believe that an industrial carrier can legally say that they will pay for a surgery only if their representative is allowed to attend.
There's any easy alternative. Doctor's tape surgeries all the time. Suggest that they do so, then the carrier can show it to whomever they wish.