Legal Question in Workers Comp in Florida
Field Nurse
My fiance is currently on worker's comp, he had a neurologist appointment the other day and while sitting in the lobby the field nurse arrived, we had no idea that she would be at the appointment. After the doctor reviewed the ct scan's he discussed his findings and course of action with the nurse before speaking with us. As we were making the next appointment with that doctor she informed us that she would also be at his Orthopedic appt. next week. Doesn't she need to make sure that it is ok with my fiance before she just shows up to his appt.'s?? Also, doessn't the doctor need permission from the patient before discussing his findings with a third party???
2 Answers from Attorneys
Re: Field Nurse
The field nurse is an employee of the insurance carrier. She is not the employee of the injured worker. It is her JOB to make sure the patient gets the least expensive care possible and be returned to work before the injured worker is really ready. Since her 'client'is paying the doctors bills they have the right by law to discuss the patients condition. They do NOT have the right to interfere with the doctor patient relationship or be present during an exam or when the doctor speaks to the patient. If they want information they should make their own appointments and pay for the doctors time. Throw them out if they interfere at all. Some doctors feel threatend by the nurses. The nurses say things that are untrue. Tell your doctor he has every right to record on his dictaphone any conversations with the nurse. If the nurse refuses to agree to being recorded, the doctor should throw her out too. When they are recorded, things just seem to be that much better for the patient. I wonder why?
Re: Field Nurse
Most of what Mr. Zientz says is true, maybe a little cynical, but true in substance. (no disrespect to Mr. Zientz) Nurse case managers do work for the insurance company and the Workers' Comp laws give them the right to talk to the medical providers (despite HIPPA).
Your fiancee should not allow them to sit in on his individual appointments, and should notify his case manager/adjuster of the decision. If they continue to attempt joining him on the appointments I would recommend hiring a qualified Workers' Compensation attorney.
Not all attorneys are familiar with the Workers' Compensation laws in Florida as they can be very convoluted and discouraging. Good luck to your fiancee
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