Michael Antonacci v. Hi-Tec Concrete, Inc., OJCC# 20-002220; Decision date: Feb. 23, 2021; Judge Weiss

The nurse can have ex parte communications with the doctor because the claimant acknowledged that she was an agent of the carrier.

This matter was before Judge Weiss on an evidentiary hearing after the claimant filed a motion for protective order regarding the nurse case manager having ex parte contact with the healthcare providers. Because the claimant testified that he understood the nurse was an agent of the carrier, he did not need to reach the issue of whether the nurse case manager was an authorized qualified rehabilitation provider under 440.13(4)(c). He was able to refer to the portion of the statute that allows an agent of the employer to discuss the medical condition of the injured employee with the healthcare provider.

 

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