Our Spartanburg workers' compensation attorneys know that in some cases, insurers providing coverage will seek to communicate with medical providers outside the patient's knowledge or participation. This is called ex parte communication, and it can only be done with a patient's explicit, written consent.
While that communication may sometimes necessary for certain administrative purposes, the Montana Supreme Court recently ruled in Malcomson v. Liberty Northwest the communication should not be unlimited, particularly when information gleaned is broad and not relevant to the immediate case. Further, the court affirmed an earlier ruling by the state's workers' compensation commission that a patient's refusal to allow unmitigated access to her health care providers regarding her case violated her constitutional rights to medical privacy.
This is a case that illustrates why it is important to have an attorney assisting you from the outside of filing a claim.