Privilege

It is well established that an individual who brings a claim for injuries "waives" (gives-up) their right to physician - patient privilege, at least to a substantial degree. As a general rule, an individual who brings a claim for injuries gives up the privilege of privacy concerning their medical information, because medical evidence must be presented to prove the severity and extent of their medical condition.  Likewise, the "opponent" (typically the employer, through their insurance company) has a right to investigate the injured worker's medical background to determine whether any past information may be relevant to the circumstances of the present condition.

However, the Courts of Pennsylvania have just set a limit on the employer's ability to infringe upon this right, in Penn State Univ. v. WCAB (Sox), No. 454 CD 2013; 455. CD 2013 (Pa. Cmwlth. 2012), determining that the claimant maintains a degree of physician - patient privilege when getting treatment from the employer's "panel physician", or company doctor. Company doctors, or Panel Physicians may either be on the employer's own premises, or an outside medical facility having a contract or even just a loose relationship with either the employer or their insurance company. Many defense attorneys "deny" that these doctors act as "agents" of the employer, while at the same time these attorneys exercise direct access to the company doctor's opinions, due to their "special" relationship.

In order to avoid the potential of abusing this relationship, as well as to encourage the necessary exchange of information between patient and doctor for effective treatment, the Court has limited the defendant's ability to communicate with these company doctors and panel physicians.  When rendering "treatment", they are acting as doctors - not merely as a witness for the defense.  Although that physician may be called to testify by the defendant, the defense attorney may not have "ex-parte" communication with the doctor. The doctor may also be subjected to cross-examination by the injured workers lawyer, to investigate any violations of this limit committed by the defense counsel.

If you have been injured at work, you need the skill and advice of a dedicated workers' compensation attorney, who knows the ever changing rules and trends in the law, in order to best protect your interest, and maximize the amount of compensation payable to you, for the injuries you have suffered.  For a FREE, no obligation consultation, contact us online at http://www.skftrialattorneys.com/, or call 610-892-9300.  With offices in Philadelphia and Media Pennsylvania, as well as in Wilmington Delaware, we have a location convenient to serve you.