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my employer released a doctors note to Worksafe Bc that had nothing to do with my cl…

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I had filed a privacy...

I had filed a privacy commissioner form with Home Depot on Mar 24/09 and they had one month to respond, I have not heard any thing back and have now contacted the privacy commissioners office in Victoria, and I have to fax the form to them.. They asked me what I wanted as a compensation, and this is where I am unclear, as to what I should be asking for. The note that my employer released was for plastic surgery, and had nothing to do with my back injury.WCB sent me a letter after this, asking for my signature so they could request information from my doctor, and my employer.
I originally asked for an apology letter, but now feel that this is not enough. As the surgury I had, I paid for, and the H.R. at store level knew about it. Yet, he sent the note any way.
Please let me know if this should be a monetary action, or a simple apology.

Submitted: 13 years ago.Category: Canada Law

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4/29/2009

Lawyer: Debra, Lawyer replied 13 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 146,184

Experience: Lawyer

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What are your damages, if any?

Customer reply replied 13 years ago

I have been embarrassed as the surgery i had done was very private, and paid for out of my own pocket. When I was questioned by WCB as to why a note dated Dec 23/08 was included in my paper work for an injury that occurred on Mar 9/09. I had the surgery for a corrective problem, and did not seek extended medical nor take any holiday pay for my time off, from Dec.23/08 until Feb 2/09. I had a conversation with our human resources manager at store level the first week in March and explained this to him, so he was well aware that it was a private matter, that I did not want even my co-workers to know about, yet he releases it without permission to WCB. WCB asked me to sign a waiver on Mar 30/09 so that they could request information from my doctor and employer. Home Depot released this note in the first 2weeks of March without authorization from me.

Lawyer: Debra, Lawyer replied 13 years ago

That's terrible and I understand completely. But, what I meant was damages was monetary ones, if any. The problem with damages in your case is that they aren't quantifiable though they are real and significant.

I honestly cannot tell you how you can quantify that and I don't see how you can make up number out of thin air.

Why not call them and see if you can get some assistance. Explain that the damages are significant in the they issue was of a highly sensitive and personal/private matter but don't know how to quantify damage because this is about embarrassment and humiliation and how can one quantify that.

The other idea would be to speak to a local lawyer. What you can do is contact the Law Society and use their Lawyer Referral Service. You will be given the names of three lawyers and can consult with any or all of them and the first half hour will be free.

I hope that helps as a starting point.

Please click accept so that I can receive credit for providing you with this information.

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