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Category: California Employment Law
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I have a workers comp claim that has been ongoing 6 months

Customer Question

I have a workers comp claim that has been ongoing for about 6 months now for my elbow. I have not missed any time at work due to this injury. I received a letter in the mail from the insurance company with a form requesting to sign away my doctor patient confidentiality so they can review my entire medical industry. I am hesitant to do this. Even though I have nothing to hide regarding this injury, I just don't think it's right. Is this legal?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  EmplmntLaw1 replied 1 year ago.

It's not illegal for them to request it...just as it is not illegal for you to deny the request. The reality of the matter is however, if you do not give them access to your records, you create a potential basis for them to deny your claim for failure to disclose medicals. If they deny your claim, then you appeal their denial, and guess what, in the appeal they have the right to subpoena your medical records...but at least then you/your attorney can object to the subpoena as overbroad. So, it's somewhat a case of 6 of one half dozen of the other. What I probably would do in your scenario if this were myself, is grant them access to medicals for the last 10 years and all communications with physicians must be in writing with copies to yourself; no phone calls. Phone calls have way of being misconstrued and the doctor can never remember what they said during the call. If you care to, call the adjuster/claims manager and discuss this to see if they are agreeable to this limited release of records. Tell them you feel the release is over-broad and invades your privacy, while you understand they have the right to know your medical history - you'd like to work something else out other than a blank release

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