[MCOH-EH] Work injury/illness causation

[Paul J Allen]

Dr McKenna,

Yes, I have encountered this and yes, it does violate WA State work comp law.
Employers are not allowed to direct the care of their injured workers, etc.

Good question and important for an occ med provider to know how to respond to such a request from an employer.

Paul
 ___________________________________
 Paul J Allen MD
Confluence Health  |  Service Line Medical Director for Occupational Medicine & Employee Health
Medical Review Officer
 
p: 509.436-4009 or 509-664-4868; extension 62759  |  f: 509.665-2308|  e: paul.allen at confluencehealth.org <mailto:pallen at wvmedical.com>


On Nov 25, 2022, at 6:59 AM, Charles Yarborough <cyarborough at cyhealthassociates.com> wrote:

It may be there is lack of clarity on what type of causation is the issue, i.e. legal or medical (see attached ACOEM Guideline). If it is truly the latter, then violation of state workers' compensation regulations for provision of medical care may be raised since the exposure (medical cause) guides the treating occ med physician in treatment, return to work, work restrictions, PPE, and so on. At least in some states, if not all, interfering with medical care is forbidden, not to mention impinging on medical ethics. 
Hope this helps.
 
From: MCOH-EH <mcoh-eh-bounces at mylist.net <mailto:mcoh-eh-bounces at mylist.net>> on behalf of McKenna, Patrick via MCOH-EH <mcoh-eh at mylist.net <mailto:mcoh-eh at mylist.net>>
Sent: Wednesday, November 23, 2022 9:24 AM
To: mcoh-eh at mylist.net <mailto:mcoh-eh at mylist.net> <mcoh-eh at mylist.net <mailto:mcoh-eh at mylist.net>>
Cc: McKenna, Patrick <Patrick.McKenna at nationwidechildrens.org <mailto:Patrick.McKenna at nationwidechildrens.org>>
Subject: [MCOH-EH] Work injury/illness causation
 
Has anyone in this group encountered the employer telling the occupational health medical provider (physician, NP/PA, or nurse) that they are not to opine on the causation of an injury or illness, either in counseling the injured/ill worker or in medical documentation of the illness/injury?
 
Anything anyone is able to share would be very helpful.
Thanks!
 
Patrick McKenna, DO MPH FACOEM
Employee Health Medical Director
Nationwide Children’s Hospital
700 Children’s Drive Room  A1034
Columbus, OH 43205-2664
Office: 614-355-4135
 
 

 
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