Case of the Month: Physicians Beware of Treating Your Employees

Written by: Crystal M. O'Brien, Esq.

It can be said that “no good deed goes unpunished.”  And perhaps this is more the case when it comes to employers who offer employees professional assistance.  More specifically, physicians who treat their staff members typically underestimate the extent to which they expose themselves to issues when they expand their roles from employer  to care provider.  Consider this month’s highlighted case. 

When Dr. “X” began treating his employee’s carpal tunnel syndrome, he had no idea that providing the employee with prescriptions and a physical therapy referral would only mark the beginning of a very lengthy and complex workers’ compensation claim.  It turns out that the carpal tunnel symptoms worsened.  Dr. “X” then performed surgery, which required the employee to take time off from work.  But surgery was complicated and the time needed for the employee to recuperate was extensive.  Faced with a strained employee relationship teetering on financial concerns, anger, and fear of professional malpractice risks, Dr. “X” sought MMC’s help in creating a solution to resolve all concerns and to direct the employee to the workers’ compensation system.  Fortunately, this matter was resolved very smoothly.  The lesson learned, however, is that it simply is not a good idea to blur the professional lines between patients and employees.

While this matter appears to be resolved, Dr. “X” continues to be exposed to consequences for trying to take matters into his own hands.  For one, he runs the very real risk of being exposed to OSHA penalties and fines for reporting a late workers’ compensation claim.  Dr. “X” incurred significant costs from his own limited resources that could have been shifted to his workers’ compensation insurance policy.  Moreover, Dr. “X” and his employee-patient risked undermining their work relationship because of tensions inherent to trusting one another to treat and to not report the matter to outside agencies. 

If you have questions or concerns related to managing potential workers’ compensation insurance claim matters, you are encouraged to contact MMC’s Risk Management Department at (800) 899-MMCI (6624).  We are always happy to help.

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