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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111552
Experience:  20+ Years of Employment Law Experience
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DEACON JOE –P & J WORKMAN COMP-QUESTIONS QUESTION

Customer Question

DEACON JOE –P & J WORKMAN COMP-QUESTIONS FOR LAWYER
QUESTION ONE: IN WORKER COMPESATION CASES IS IT LEGAL TO ASK FOR MEDICAL RECORDS FROM BIRTH CONCERNING OLDER ADULTS.
QUESTION TWO: IN COLORADO I AM TOLD IT IS MANDATORY TO SEE A (IAM) DOCTOR IF REQUESTED BY THE ESTABLISMENT LAWYER, IS THIS CORRECT?
QUESTION THREE: OUR LAWYER STATES THAT ONLY THE PATIENT CAN BE IN THE ROOM WITH (IME) DOCTOR. NEITHER THE SPOUSE FATHER OR ANYONE ELSE CAN BE IN THE ROOM.
QUESTION FOUR: I THINK COLORADO LAW STATES THAT THE DOCTOR MUST AUDIO RECORD THE SESSION. IS IT LEGAL FOR THE PATIENT TO ALSO RECORD?
QUESTION FIVE: IN THE QUESTION ABOVE IF THE ANSWER IS, IT IS LEGAL, BUT THE DOCTOR INDICATES ABSOLUTELY NOT, WHAT, IF ANY, OPTIONS ARE AVAILABLE? WHAT ARE THE CONSEQUENCES IF I CANNOT BE RECORDED IF THE PATIENT JUST WALKS OUT?
QUESTION SIX: IS IT ACCURATE THAT DOCTORS RECEIVING NOTIFICATION TO RELEASE MEDICAL RECORDS CAN MAKE A JUDGMENT AND RELEASE ONLY THE MEDICAL RECORDS THAT COULD POSSIBLY HAVE ANYTHING TO DO WITH THE INJURY OR ROBLEM?
QUESTION SEVEN: AM I CORRECT IN THINKING THAT PRACTICAL ALL LAWYERS HIRE VARIOUS PARA LEGALS AND OTHER STAFF TO DO MANY THINGS AS WELL AS INTERACTING WITH THE CLIENTS AS WELL?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) Unless they are claiming that the alleged injury the worker is claiming is a pre-existing condition and not an actual injury, medical records back to birth are generally not allowed to be requested. Courts will restrict the records to pertinent records regarding the injury being claimed and not records that far reaching. The court will not allow a "fishing expedition" for records and the workers compensation carrier is going to have to prove some reason for wanting records that far back.
2) Under CO law, you must go to the doctor requested by the insurer for examination. Refusal to cooperate is ground to deny benefits.
3) Unless the patient is disabled in some manner requiring assistance (deaf, mentally incompetent) the doctor can insist that only the patient be allowed into the room and if patient refuses then this can be deemed that the patient is refusing to cooperate with the examination.
4) Yes, the Colorado law says the examination must be audio recorded and the patient can also audio record the examination.
5) The Colorado rules allow the patient to also record and the IME cannot refuse and if they are refusing, then the patient needs to get a court order that orders the IME to allow the patient to record as provided for in the laws. See: https://www.colorado.gov/pacific/sites/default/files/Audio_Recording_FAQs_amended_5-2014.pdf
6) Doctors have to release whatever records that are being asked for. The doctors do not make a decision of what to release or not release, they have to release records based on what the subpoena or records request asks them to produce.
7) Not all attorneys hire paralegals. Some smaller firms the attorney does all of their own work. Other firms may have a paralegal and larger firms may have multiple paralegals to assist them in doing the case work.