Is my doctor permitted to give a status up date on a worker's compensation case before telling the employee?

Question

My job called to ask for an update the day after I went to see the doctor's physician assistant .  I was never told to return to work, just to go to 12 weeks more of physical therapy.   When I called my employer the next day on another issue they asked for a referral from the doctor .  I was not given one and assumed the prior referral was still in effect.  The employer called for status update.  The next thing I know the nurse is calling me and telling me I am released to go to work per the doctors recommendation.  That he wants me to try.  I never talked with him or saw him meanwhile his office sent a release to return to work to my job and I did not know until they called me.  I feel violated.

Timothy Belt · Answer

This is not a simple yes or no answer.  You may have signed an authorization allowing this contact when you were initially injured.  Many times an injured worker is asked to sign several documents at the time of injury, and the documents are not always explained to the injured worker.  Another possibility is that the notes were submitted with billing documents which would potentially be available to your employer through its workers' compensation carrier.  There may also be a nurse case manager involved in your claim, and if so they often attend medical appointments or meet with the doctor after the medical appointments to "assist in your care."  If you like and trust your doctor, you may want to talk to him directly about the release.  This would not be the first time that an employer has called an injured worker and told them there was a release when there wasn't.  If you are not comfortable with this doctor, you may want to obtain a second opinion, and if you feel that your employer is trying to take advantage of the situation, you should contact a local workers' compensation attorney to review your claim.

Richard Alan Jaffe · Answer

I am sorry to hear that you feel violated as a result of what has transpired in your Workers Compensation Claim, however, what you have described unfortunately goes on more often than it should. 
 
More often than not, an injured worker is requested to sign a Medical Authorization by the Workers Compensation Carrier, before consulting with an Attorney and said Authorization, if executed by the injured worker, does allow the Workers Compensation Carrier to speak with your treating physician. If you did not sign a Medical Authorization/consent Form and return same to the Workers Compensation Carrier, then your Doctor should not have spoken with your Employer, or its Workers Compensation Carrier as it may constitute a violation of your HIPAA Privacy Rights. 
 
Given your situation, it is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law for a Free Consultation to discuss your rights and remedies. Most Attorneys will except your Case on a Contingent Fee Basis.

Q: Is my doctor permitted to give a status up date on a worker's compensation case before telling the employee?