Billy Overstreet v. TRW Commercial Steering Division

WILLIAM C. KOCH, JR., J.,

concurring.

I concur with the Court’s conclusion that, in the context of litigation regarding a claim under the Workers’ Compensation Act, the employer and the employer’s lawyer are not entitled to have ex parte communications with the physician treating the employee. However, I base my conclusion on legal principles that differ from the “contract implied in law” theory relied upon by the Court.

There is little dispute today that the law imposes a duty on a physician not to disclose a patient’s confidential health information unless the patient expressly or impliedly…