Legal Question in Workers Comp in Arizona
A co-worker was injured and sent to the employer's doctor. The employer's doctor ordered physical therapy for the injured worker at 2-3 times a week for 4 weeks. The employer's occupational nurse didn't think that was appropriate, so she cancelled the physical therapy, by telling the self insured carrier to deny paying for the therapy. This has happened several times with different employee's, where the doctor orders one treatment and the occupational nurse steps in and denies it. Can the occupational nurse counter what a doctor orders? By doing so isn't she practicing medicine without a license? What recourse does an injured person have if the WC carrier denies reasonable and ordinary treatments?
1 Answer from Attorneys
I've always believed that it's the physician's responsibility to stand up to pushy nurses like that. I don't believe she's practicing medicine as long as she's just talking to the doctor--not making the decision herself.
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