Under the North Carolina Industrial Commission Rules, Nurse Case Managers are considered rehabilitation professionals as they manage medical cases and coordinate rehabilitation services. 11 NCAC 23C .0103(1).

In performing their duties, Nurse Case Managers must be neutral, providing “unbiased, objective opinions.” 11 NCAC 23C .0106(d). Further, Nurse Case Managers shall “provide copies of all correspondence and reports contemporaneously to all parties” and may even “be compelled to testify regarding any information obtained” while serving in their role. 11 NCAC 23C .0107 (b), (d). 

Therefore, even though an employer or insurance carrier may hire a Nurse Case Manager and direct him/her to cases, per the Commission rules, any communication with a Nurse Case Manager is not privileged and is subject to being shared or discovered by opposing counsel.

If you have questions regarding this Practice Pointer and/or are interested in receiving NC DOI approved CE credits for your group, please contact a Hedrick Gardner attorney.