TX 10th: Peer Review Comments Not Defamatory

The Tenth District of the Texas Court of Appeals ruled that negative comments made in a workers' compensation peer review are not libelous per se. In Morris v. Blanchette, No. 10-05-00017-CV, 10/26/2005, Dr. Morris treated Lawrence Davis for an industrial back injury. Dr. Morris prescribed Xanax, recommended physical therapy, and finally concluded that Davis had reached maximum medical improvement (MMI) and assigned him a 5% impairment rating. An insurance adjuster requested that Dr. Blanchette conduct a peer review to evaluate the medical necessity of the prescribed treatment. Dr. Blanch...