Friday the Alaska Supreme Court issued an opinion in Harrold-Jones vs Drury, Opinion No. 7253 (6/22/18) which finds that it is no longer public policy to permit ex parte (one-sided) contact between a defense firm and treating physicians.
Historically, insurance companies have taken advantage of a prior law which allowed ex parte contact. It sent its attorneys and/or its nurse case managers in to meet with doctors face to face in meetings that the injured worker or his attorney didn’t know about thus permitting the insurance companies to influence how the doctor treated the worker. The defense firms also talk to the treating physicians in telephone calls which the injured worker or his attorney did not know about until it was over. They also sent questionnaires to the treating physician without the knowledge of the injured worker or his attorney. These practices were a huge strategic advantage to the insurance companies as it allowed them to not only shape treatment plans but also to groom the doctors to give opinions favorable to the insurance companies. And, if the treating physician didn’t pay ball, the injured worker and his attorney would never have heard about the attempt.
In a case I am handling, the insurance company attempted exactly that. They sent a questionnaire to the treating physician without my knowledge and the treating physician filled it out and returned it. The insurance company didn’t like what the doctor said, so they never produced it to me. I found out about it when the doctor commented upon it to my client.
in Harrold-Jones vs Drury should have a huge impact on injured workers. It remains to be litigated in the workers compensation arena, however, the apparent impact of this case should be that claimants will no longer need to agree to allow the defense firm or nurse case managers or insurance adjuster to talk directly to the doctors or correspond with them.
If you are an injured worker and you have executed a release permitting ex parte contact, you should speak to an attorney as soon as possible.
Keenan Powell has practiced law in Alaska for more than 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans.
All consultations are free. If you want to set up a meeting, use the contact form on www.keenanpowell.com or call: 907 258 7663.