Ex Parte Smitherman Brothers Trucking, Inc.

Smitherman Brothers Trucking, Inc. ("Smitherman"), petitions for a writ of mandamus directing the trial court to vacate its April 9, 1999, order prohibiting Smitherman, through its medical case manager, from engaging in "any ex parte [oral] communication with any medical provider" for William Harris. Harris, one of Smitherman's employees, was injured on the job and has a workers' compensation claim pending. We grant the petition.1

The sole issue presented by this petition is whether Ala. Code 1975, § 25-5-77(b), requires that all communications between an employer or an employer's case manager…