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Straight
Track #220
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Railroad As Big Brother Employee Control Through The Use of Medical Exams,
Rehab Nurses & Medical Case Managers William J.
McMahon, Attorney
Hoey & Farina
888-425-1212
wmcmahon@hoeyfarina.com |
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Nearly three years have passed since we first discussed the issue of
rehabilitation personnel informing the railroad of private patient
information and the tactic of using medical exams to control
occupationally disabled railroaders. [See Straight Track #90: Why Do Re-Hab
Nurses Wear Fish Net Stockings? Because You're The Catch!, and
Straight
Track #97: Medical Examinations & Occupational Disability]
Unfortunately, during this period, these underhanded practices developed
by the railroads’ legal departments have only gotten worse. While
attending union meetings throughout the country, we at Hoey & Farina
have repeatedly heard from railroad workers that claim agents are
cross-checking employee files with the medical files from the rehab
clinics, the railroads are harassing occupational disabled railroaders
by sending them to medical exam after medical exam, and rehab nurses
continue to inform the railroad claims department -- in a shocking
breach of confidentiality – of patients’ personal medical information
learned during the course of treatment.
Just last week, a client called to tell me that a “medical case manager”
told him to expect to see him at the next appointment with his own
doctor. I told my client:
1) The case manager has a right to updated information about his medical
condition, but under no circumstances is the case manager to be involved
in the medical decisions made by him and his doctor;
2) To inform his doctor that the case manager can be heard from after
the exam is over but is not to be allowed in the examining room while
the exam is going on; and
3) To remind the doctor that the railroad does not pay the doctor’s
bills.
At the end of the exam, the case manager received the doctor’s verbal
report on the client’s condition, and immediately started to harangue
the doctor to change the medicine that he prescribed to his own patient.
The case manager then demanded that my client change his physical
therapist to someone who the doctor had never heard of before. To his
credit, the doctor stood firm and refused to change his course of
treatment in the face of such pressure from the railroad.
Exercising Control
These tactics, used under the pretext of the railroad’s medical
department, are ways a railroad’s legal department can exercise control
over an injured employee.
The requirement to submit to a medical examination is just another
pretense for the railroad to exercise control over its employee. There
is no deep concern for the employee by the railroad’s medical
department. It is critical that you contact designated legal counsel to
determine your rights and obligations concerning medical examinations in
order to protect yourself and your family.
Railroaders must remember that a rehab nurse’s job isn’t in the best
interest of the railroader patient. If you or someone you know are
injured on the job, and a rehab nurse/ case manager is assigned to your
case, remember these helpful hints:
1) The rehab nurse / case manager works for the railroad and wants to
please his or her employer.
2) Never get visibly angry with the rehab nurse (think of them as
snitches!).
3) Always be courteous to the rehab nurse.
4) Be truthful when providing the rehab nurse with information.
5) Contact the rehab nurse ASAP if you need to cancel an appointment.
6) Never allow your rehab nurse to dictate your treatment or interfere
with the relationship you have with your doctor.
7) Follow your doctor’s medical advice and not the opinion of the rehab
nurse.
If you ever have any questions regarding something the rehab nurse or
railroad medical case manager is doing or asking you to do, call Hoey &
Farina for assistance. We’re always available at 888- 425-1212 to help
you.
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