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Should I Take the Advice of The Nurse Case Manager Assigned to My Case by The Insurance Company?

Burdine & Brown Feb. 6, 2020

I had a Nurse Case Manager e-mail me recently, stating she needed my permission to work directly with my injured client. This is the law. However, the NCM can speak to the doctor without my permission. I hate that Rule that allows this!

The NCM said: “The adjuster concedes that your client's injuries involved not only his right shoulder but his low back.” (This was going to be an issue but the insurance adjuster decided not to fight about it).

She continued: “I would like to recommend to you the following 3 orthopedic surgeons who are well qualified to treat back injuries and whom I have a lot of confidence in.”

“These 3 doctors are Lee Kelly, Hal Silcox, both with Peachtree Orthopedic Clinic and Dr. Robert Greenfield with Resurgens, she said.” The NCM must have thought I just started practicing workers' compensation law yesterday. These 3 doctors are NOTORIOUS insurance doctors. They are so far from fair and balanced it is not even funny. Recently, a judge called one of the 3 a “polarizing doctor.”

I told this NCM that if she sees her job through the lenses of these type of doctors, my client and I do not want nor need her help. I knew right then this NCM was bought and paid by the insurance folks. She had no objectivity whatsoever. How could I say this? Through 40 years of legal experience in this field.

Each of these doctors have been in business to help the insurance companies for about 30 years each. I avoid them “like the plaque” and I will tell anyone and everyone the same thing.

Lastly, my client has the right to sit in and participate in a conversation the Nurse Case Manager has with your treating doctor. But if the NCM schedules that appointment when are not in the office, how will you know it is taking place? This is why I hate this Rule!