Narrative Opinion Summary
The Supreme Court of Tennessee reviewed an appeal in a workers' compensation case involving an employer's motions for ex parte communication with the employee's treating physician and for an independent medical evaluation. The case centers on an employee who claimed work-related hearing loss post-retirement, evaluated by a physician chosen from an employer-provided list. The trial court denied the employer's motions, leading to an extraordinary appeal. The appellate court held that ex parte communications with the treating physician are not permissible without employee consent, affirming the trial court’s decision on this point. However, the appellate court reversed the trial court's denial of a medical evaluation, emphasizing that such requests should be granted unless unreasonable. The court highlighted the existence of an implied covenant of confidentiality under the Tennessee Workers’ Compensation Act, protecting employee medical information. Despite statutory requirements for medical disclosure, this confidentiality remains intact. The case was remanded for the trial court to assess the reasonableness of the independent medical evaluation request. The appellate court's decision underscores the employer's right to verify injury claims through independent medical evaluations while maintaining confidentiality safeguards. Costs were imposed on the employer, TRW Commercial Steering Division.
Legal Issues Addressed
Ex Parte Communications with Treating Physicianssubscribe to see similar legal issues
Application: The employer cannot communicate ex parte with the treating physician without obtaining a waiver of confidentiality from the employee.
Reasoning: Upon review, the Court determined two key points: first, the employer cannot communicate ex parte with the treating physician without obtaining a waiver of confidentiality from the employee.
Implied Covenant of Confidentialitysubscribe to see similar legal issues
Application: An implied covenant of confidentiality exists between an employee and any physician provided by the employer under the Tennessee Workers’ Compensation Act, independent of mutual intent between the parties.
Reasoning: An implied covenant of confidentiality exists between an employee and any physician provided by the employer under the Tennessee Workers’ Compensation Act, independent of mutual intent between the parties.
Independent Medical Evaluation in Workers' Compensation Casessubscribe to see similar legal issues
Application: The employer's request for an independent medical evaluation should generally be granted unless deemed unreasonable by the trial court.
Reasoning: The Court determined that the employer's request for an independent medical evaluation should generally be granted unless deemed unreasonable by the trial court.
Statutory Right to Medical Evaluations in Workers' Compensationsubscribe to see similar legal issues
Application: Employers have the statutory right to require medical evaluations by their chosen physicians, and employees can challenge the request's reasonableness.
Reasoning: The ruling emphasizes that employers have the statutory right to require medical evaluations by their chosen physicians, and employees can challenge the request's reasonableness.