Arby's Restaurant Group, Inc. v. McRae
292 Ga. 243
| Ga. | 2012Background
- McRae sustained a February 2006 work injury and employer accepted the claim, paying benefits.
- McRae signed a medical release form; treating physician later opined MMI and 65% PPD.
- Arby’s sought an ex parte conference with the treating physician; physician refused without McRae or counsel present.
- Board ordered McRae to sign a release expressly authorizing private meeting with employer/insurer representatives; McRae refused, hearing was removed.
- Courts below split; Court of Appeals reversed the Board, holding OCGA § 34-9-207(a) does not support ex parte communications.
- This Court held that OCGA § 34-9-207(a) waives privilege for information related to the claim and permits informal ex parte physician-employer communications, with privacy protections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA § 34-9-207(a) waives physician-patient privilege | McRae argued no ex parte access. | Arby’s argued waiver allows information disclosure. | Waiver applies to information related to the claim. |
| Whether ex parte physician-employer communications are permissible | Waived privilege should prohibit ex parte talks. | Ex parte conversations are permissible if related to the injury and privacy protected. | Informal ex parte communications are permissible to the extent confidentiality is waived. |
| Role of HIPAA and state law in allowing ex parte communications | HIPAA/privacy may restrict communications. | HIPAA does not preempt Georgia law; state workers’ comp favors disclosure. | HIPAA does not preempt; state statute controls in this context. |
Key Cases Cited
- McRae v. Arby’s Restaurant Group, 313 Ga. App. 313 ((2011)) (discusses statutory interpretation of waiver and ex parte communications)
- Baker v. Wellstar Health Systems, 288 Ga. 336 ((2010)) (medical privacy rights and HIPAA interaction with state law)
- Doss v. Food Lion, 267 Ga. 312 ((1996)) (workers’ comp exclusive remedy and disclosure policy)
- Ogden v. Clark Thread Co., 93 Ga. App. 227 ((1956)) (expeditious determination of workers’ compensation claims)
- Six Flags Over Ga. II v. Kull, 276 Ga. 210 ((2003)) (plain language interpretation governs statutory construction)