The nurse case manager did not meet the definition of a qualified rehabilitation provider; therefore, the motion for protective order was granted.

The claimant filed a motion for protective order, seeking to preclude the nurse case manager from engaging in ex parte conferences with the authorized treating physicians. The nurse testified that she is a registered nurse and a certified registered rehabilitation nurse. However, she had never provided rehabilitation services to the claimant nor had she been retained as a qualified rehabilitation provider. Further, she had never completed a vocational assessment of the claimant.

Originally, the claimant had executed a release, but claimant’s counsel had revoked it. The judge of compensation claims noted that, while Fla. Stat. 440.13(4)(c) indicates that injured workers waive physician-patient privilege with respect to any condition or complaint reasonably related to the condition for which the employee claims compensation, the same is limited to the employer, the carrier, an authorized qualified rehabilitation provider or the attorney for the employer/carrier. The judge pointed to City of Boynton Beach v. Joseph Price, (1D-01-1633, Fla. 1st DCA 2001), where the appellate court upheld a judge of compensation claims’ finding that the nurse could not engage in ex parte communications with the physicians. In this case, the judge held that the nurse case manager did not meet the definition of a qualified rehabilitation provider; therefore, the motion for protective order was granted.

Case Law Alerts, 1st Quarter, January 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.