Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My wife was medically retired after a workers compensation…

My wife was medically retired...
My wife was medically retired after a workers compensation injury. We worked for a department of a county. The county is self insured for WC and has designated a county department as custodian of records for all WC medical records. The same county department that was identified as custodian of records also performs adjusting and claims management.
My wife was medically retired in June 2015. The treating doctors continue to send the medical work status email to the county department she worked for in addition to the custodian of WC records. We have told the medical provider to stop sending the updates as she is no longer employed by the department. They have refused as a matter of past practice and agreements.
I pulled the county contract with the medical provider and it specifically states the medical provider is only to send information to the County as defined in the contract. No where does it state they are to send a second notification to the department. As a matter of fact the contract goes on to state third party dissemination is not to be done without written prior consent.
I December 2016 we also learned the department has been compiling a secret medical file for every injured employee they consider to be part of the employee master employee file.
I understand the exemptions for WC and employers, but the county is the employer for all intense and purposes and have designated a department within the county that handles risk management to be custodian of WC records not the individual employing departments. Additionally continuously compiling records for former employees.
The department has a liason back to work person who makes contact with the medical providers and requires those contracted doctors to send the information in addition to the identified entity within the county. We have been fighting this for some time but the newly identified medical file without anyones knowledge is appalling and it is not complete , nor accurate nor authorized by any employee as the employees sign releases to WC risk management
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 15 minutes by:
5/13/2017
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,744
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the doctor is violating the agreement knowingly and the contract says what you said, then you need to file the complaint with the US Department of Health and Human Services for violation of HIPAA. Furthermore, these allegations are basis for a suit against the doctor and the city for breach of the duty of confidentiality of medical records and to seek damages in court for his violation sending the information to anywhere other than the proper office. In addition, you need to take this proof to the news media, because such a flagrant violation of the contract and the law would be of interest to them I am sure.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,744
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year ago
Thank You.

Thank you.

What this appears to be is a violation of clause 7 of the agreement so it would be a breach of confidentiality as well as a HIPAA violation.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
My thinking too. Thank You

Best wishes.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 126,744
126,744 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
If I'm on workmen comp in Cali, and want to supplement my
If I'm on workmen comp in Cali, and want to supplement my income, if I work as independent contractor, self employed where I file taxes at the end of the year, will that get me in trouble with the wor… read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
I was sick when i was terminated from my job. I was
I was sick when i was terminated from my job. I was diagnosed with scitzophrenia. I had worked with the fire department for 15 years. And the reason for my termination was because of my prolonged abse… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My wife works as baby sitter for 6 years full time job (40
My wife works as baby sitter for 6 years full time job (40 hs week) for a private family on w2 bases. about 2 months ago she started feel some pain in hear knee, as she was heading a vacation time we … read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
An employee stated he hurt s back bending over cutting
an employee stated he hurt his back bending over cutting metal. he has had back problem for a while. he has his own medical insurance. we have workmans comp. he demanded the following: 1. for us to pa… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I sustained an on the job injury and after three years closed
I sustained an on the job injury and after three years closed the workman's compensation (WC) claim with ongoing medical coverage from my employers WC insurance company. After seeing my WC doctor earl… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,744 satisfied customers
My (customer service) department has not been fully staffed
My (customer service) department has not been fully staffed (with inadequate or no back-up for over 2 years and it's taken its toll on me physically & mentally. I developed Shingles in March that last… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Weve received a request to provide information on a former
We've received a request to provide information on a former employee. The employee has signed a release. However, the request includes asking for any Workers' Compensation reports. History: Dates of e… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
When someone gets injured on the job can they use their own
When someone gets injured on the job can they use their own paid for company medical benefits or do they have to use workers compensation medical, although still employed and on the job? Is it legal t… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
35 Y.O. applicant for LA County Fire DPT. Passed agility and
35 Y.O. applicant for LA County Fire DPT. Passed agility and written. At same time applied LAC seasonal lifeguard job. No job offer but was OK'd for candidate training as Life Guard - only 10 of 30 wi… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I work for a UAW represented auto parts plan in Ohio. My Personnel
I work for a UAW represented auto parts plan in Ohio. My Personnel Department requires absences be covered with a doctors note stating "under my care and unable to work" with a return to work date. Re… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
myself and several others working in a medical office were
myself and several others working in a medical office were placed in a hostile working enviroment when the 1 doctor (and his office manager) who employed us all, got into an agrument with another doct… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
If i get a contract from a company and we have to hire more
If i get a contract from a company and we have to hire more people are we/they covered under the first companies workers comp policy… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I am seeking unemployment insurance in Mass. I Had to quit
I am seeking unemployment insurance in Mass. I Had to quit a job I had for about a week because I was suffering from a knee injury I received at another job about 10 months before. I quit because my d… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
This question is in regards to compensation discrimination. I
This question is in regards XXXXX XXXXX discrimination. I am a RN employed by a healthcare system that has a hospital (not-for profit) and a corporation- (for profit)medical/physican management group.… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
My daughter works at Wallmart. The Friday before Memorial Day
My daughter works at Wallmart. The Friday before Memorial Day , she was changing a price sign trying to help department manager, and stepped on the bottom shelf so she could reach the sign when she re… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I do believe we are inappropriately classified as contract
I do believe we are inappropriately classified as "contract employees" - 2 of the 4 NPs have received deposits in their state retirement account for many years; the facility deducts all necessary with… read more
socrateaser
socrateaser
1,031 satisfied customers
I have filed the grievance and presented it to the labor relations
I have filed the grievance and presented it to the labor relations department here on campus. I have also previously grieved actions taken which both my union and I feel are retaliation for calling in… read more
Joseph Leon
Joseph Leon
Member
Juris Doctorate
270 satisfied customers
can an employer refuse medical leave to an employee that has
can an employer refuse medical leave to an employee that has accrued said leave when the employee has a doctors written excuse as required by the employer. This is not an issue the issue is the impend… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x