| Advisory opinion request regarding whether Jan Clary, as a former employee of the Office of Workers' Compensation Administration, can assist attorneys and insurance companies, as an independent legal nurse consultant, on workers' compensation cases. |
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Jan Clary was employed as the manager of the Medical Services Section (Section) of the Office of Workers' Compensation Administration's (OWCA) from August, 2014 until her resignation on May 13, 2016. In that position, Ms. Clary reported directly to the OWCA Director and managed the daily functions the Section and its staff of three registered nurses, a workers' compensation analyst, and two administrative coordinators.
The staff reviewed each medical guideline dispute (MGD) file to determine if it met the criteria. Thereafter, the OWCA Medical Director reviewed the file and rendered a decision, which was provided to the parties involved and the file was closed. Additionally, the staff arranged independent medical exams (IMEs) for requests involving a work status or physical condition dispute. Once the IME physician rendered an opinion, the report was provided to the insurance carriers and the file was closed. Finally, for disputed medical reimbursement appeals, the staff determined if the process was timely and if it met the statutory criteria. Then the disputed medical reimbursement appeal response was provided to the party and the file was closed. Any aggrieved party could file a Disputed Claim for Compensation, which was handled by the OWCA Hearings Section.
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La. R.S. 42:1121A(1) prohibits a former agency head, for a period of two years following the termination of her public service as the head of such agency, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or rendering any service on a contractual basis to or for such agency.
La. R.S. 42:1121B(1) prohibits a former public employee, for a period of two years following the termination of her public employment, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which she participated at any time during her public employment and involving her former governmental entity, or for a period of two years following termination of her public employment, rendering, any service that she had rendered to the agency during the term of her public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of her former agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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