Dallas, TX asked in Workers' Compensation for Texas

Q: Can workers comp insurance continually ask for urine drug screens at doctors visits 18 mnths AFTER injury

I was injured at work and initially had a urine screen for drugs at hospital immediately and had no drugs or alcohol found in my system. I am requiring a third surgery, the insurance nurse case manager has been having drug screens without my consent or knowledge.on the third incident,I inquired the purpose for urine collection and was told it was for a culture then informed on next visit at pre-op it was positive for drugs and told the surgery for urethra reconstruction wouldn't be performed at that time. I am not receiving any type of pain prescription that would cause me to be subjected to drug screens nor tested positive at injury. Is this type of testing an invasion of my privacy, an attempt at malicious fact finding in order to sabotage my case and or illegal?

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1 Lawyer Answer

S. Michael Graham

  • Workers' Compensation Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Without more facts it would be difficult to know for sure why the screening was performed. The NCM can't order the screening on her own. She would have to speak to your doctor(s) to have them order the testing. You should find out which doctor ordered the test and then speak to them about why the test was ordered. In some situations, drug test will be ordered by doctors for different reasons such as making sure you are taking the prescription medication or to make sure you are not taking something which could have an adverse effect on surgical outcome. You don't have to allow the NCM to attend your appointments.

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