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Arby's Rest. Grp. Inc. v. McRae

The Workers' Compensation Board acted within its discretion in ordering the employee to sign a limited medical release authorizing her treating physician to speak with her employer's counsel regarding her claim for temporary total disability and permanent partial disability, or have her case removed from the hearing calendar.

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We granted certiorari in this appeal to consider whether OCGA § 34-9-207 requires an employee who files a claim under the Georgia Workers’ Compensation Act, OCGA § 34-9-1 et seq. the “Act”, to authorize her treating physician to engage in ex parte communications with her employer or an employer representative in exchange for receiving benefits for a compensable injury. McRae v. Arby’s Restaurant Group, 313 Ga. App. 313 721 SE2d 602 2011. Because the Court of Appeals erroneously held an employee is not required to authorize such communications, we reverse.

The facts in this case are undisputed. Appellee Laura McRae sustained a work injury in February 2006 for which she filed a claim for workers’ compensation. Her employer, appellant Arby’s Restaurant Group, accepted the claim as compensable and commenced income benefits. As part of her claim for benefits, McRae signed a form authorizing the release of medical information. McRae’s treating physician subsequently issued a report concluding McRae had reached maximum medical improvement and had incurred a 65 percent permanent partial disability impairment. After receiving the report, counsel for Arby’s attempted to arrange an ex parte conference with her treating physician, but the physician refused to meet without McRae or her counsel present.

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