by Kenneth A. David, Esq.

For some of you, this may be the hundredth notification you have gotten from any attorney regarding the impact of the McRae decision, a December 1, 2011 GA Court of Appeals opinion that may limit the type of contact by an employer, insurer, TPA, nurse case manger or defense attorney. Basically, the Court held that an employer/insurer cannot have ex parte (without consent of the claimant or claimant’s attorney) contact with a doctor. This could include in person conferences, telephone calls, or letters/emails.

Our first message: don’t panic. The case will be appealed and this is not the final word. Nonetheless, you can expect that claimants’ attorneys will assert that there should be no such ex parte contact. Alissa Atkins in our office has developed a one page summary of what we recommend as far the type of contact with doctors. However, for individual situations, if you have any questions, you should certainly consult with your attorney. We also have a copy of the case and a more detailed analysis of the issues; just email us we will provide it.