Re: Does WC get my previous Physicians records and can I req

More | Report Post

On 3/15/06, LA Lawyer wrote:
> Jay-
>
> In response to your question, my response is that it depends
> upon where you are located. As a general rule, under Workers'
> Comp law, defense counsel is entitled to your previous AND
> current medical records.
>
> You can either sign a medical release, or, the more likely
> route is that opposing counsel will simply subpoena your
> records.
>
> If you don't mind asking, why are you so concerned about
> keeping your records confidential?
>
> LA Lawyer
>
> On 3/09/06, jayturner wrote:
>> On 3/09/06, jayturner wrote:
>>> Is it routine for them to do so? Thanks
>>
>> Also hw do they go about doing this and can I request part
>> of my file to be kept confidential?

I was supposed to sign a form that said that the WC folks could
have access to "any and all medical records, at any time, for
any reason whatsoever." That's when I called an attorney. I
thought it was ridiculous that a WC lawyer could access my GYN
or dental records when I had two herniated disks. It's none of
their business that I had a colonoscopy a few years ago due to
rectal bleeding. It has NO BEARING on the back injury.

The attorney advised me to cross out the portion of the release
that I didn't like and to write in "access to medical records
relating to back injuries and pains" or something like that. He
was only doing a consultation, so he didn't do the actual
wording for me.

I hired the attorney to represent me a few months later. He
seems to know what he's talking about and really stands up for
the little guy. Plus, he doesn't advertise on a billboard, which
seems a little sleazy to me.