Legal Question in Workers Comp in North Carolina
My wife was hurt on the job; she broke her arm falling off of a ladder. The case has been turned over to a case manager who called today. The case manager informed my wife that she changed my wife�s doctor�s appointment because it conflicted with her schedule "She said she had her own doctor�s appointment so she changed my wife's appointment so it wouldn't conflict with hers". Can she do that? The insurance Commissioner said that if we deny her access they can deny our claim. We aren't trying to deny access but we don't feel that they should have the right to tell us when she has to schedule our appointments they should have to work into our schedule.
1 Answer from Attorneys
Go to the NC Industrial Commission's website and print/read the Rehab Rules that govern the case manager's role in the case.
I agree it was poor case management practice to simply reschedule the appointment without even asking the claimant. Perhaps your wife would have agreed to reschedule, or the nurse could have had another case manager cover for her.
What now? Depends on how hard you want to push the issue. You can ignore it, tell her it was not appreciated and ignore it, or change ther appointment back and make her scramble to find coverage. It all stems from the arrogance the insurance company, and apparently the nurse, share that comes with the fact the carrier does, at least initially, direct medical care for the injured worker under the law. However, this does NOT obviate the need for professionalism and common courtesy. If she continues to act this way, write the Executive Secretary at the NCIC and ask that she be removed from the file.
Good luck, and best regards,
S. Neal Camak
Lennon & Camak, PLLC
Raleigh, NC
Board Certified Specialist in NC Workers' Compensation Law
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