Agree with Charles.   Most often our self-insured WC TPA specifically asked us in OH to opine on causation on cases.  Warner

From: MCOH-EH <mcoh-eh-bounces@mylist.net> On Behalf Of Charles Yarborough
Sent: Friday, November 25, 2022 6:59 AM
To: mcoh-eh@mylist.net
Cc: McKenna, Patrick <Patrick.McKenna@nationwidechildrens.org>
Subject: Re: [MCOH-EH] Work injury/illness causation

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.

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From: MCOH-EH <mcoh-eh-bounces@mylist.net> on behalf of McKenna, Patrick via MCOH-EH <mcoh-eh@mylist.net>
Sent: Wednesday, November 23, 2022 9:24 AM
To: mcoh-eh@mylist.net <mcoh-eh@mylist.net>
Cc: McKenna, Patrick <Patrick.McKenna@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