Ask Your Lawyer

By Thomas J. Flanagan

Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C.

I'm recovering from a worker's compensation injury and the insurance company wants a private rehabilitation nurse to "help" me in my recovery. Must I cooperate?

There is no physician/patient privilege in worker's compensation. The worker's compensation carrier's adjuster may call your doctor and speak to the doctor or the doctor's staff in order to get up-to-date information on you.

In more serious cases, the worker's compensation carrier often assigns a rehabilitation nurse to "help" you in your recovery. The rehab nurse is basically the eyes and ears of the insurance company's adjuster and may want to go to doctor appointments with you. The rehab nurse does not serve any traditional nursing function.

There is no requirement that you accept this "assistance". You cannot be cut off for refusing to accept a rehabilitation nurse. It is not unusual to hear of situations where the comp carrier's nurse goes into examinations with the doctor and injured person.

If you decide not to have the nurse, that is your right. If you decide to allow the comp carrier's nurse to monitor your progress, you have the right to tell the nurse not to come into the examination room with you. That is your time with your doctor. It is up to your doctor whether to talk to the nurse after the examination.

Establish good communication with your doctor. Tell your doctor you will do anything the doctor says, but ask the doctor not to be pressured by the worker's comp nurse or anyone else to return you to work until the doctor feels that it is in your best interests to attempt either light duty or full return to work.

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