Disability Law

Fifth Circuit: No Psychotherapist-Patient Privilege for Threats Made by Workers' Compensation Claimant

By David A. McCranie, Esq.

After his workers' compensation carrier notified John Auster, a retired New Orleans police officer, that it intended to terminate a portion of his workers' compensation benefits, Auster told his psychotherapist that he intended to commit acts of violence against some of the carrier's employees if they did.  The psychotherapist, under Louisiana's "duty-to-warn" statute, conveyed the threats to the carrier's employees.  One of the employees called the police, who in turn contacted the FBI, following which Auster was indicted for violating the federal extortion statute [18 U.S.C. §1951].

Auster moved to suppress evidence of his statements to his psychotherapist, citing the psychotherapist-patient privilege, and the district court granted the motion.  But on appeal, the Fifth Circuit Court of Appeals reversed, concluding that the privilege did not apply because Auster knew that his psychotherapist would convey his threats to the carrier's employees.  U.S. v. Auster.

Full post as published by Florida Workers’ Compensation Law Blog on February 12, 2008 (boomark / email).