Legal Question in Workers Comp in Arizona

past medical records release forms

I recently suffered a Lombar sprain at work. I have been asked by Sedgewick Co. that represents my employer to release all past medical history. This request includes a request for information that has no baring on my current claim or condition. I would consider releasing relevant information but nothing else. The request includes psyciatric records and all other records no exceptions.

''GIVE ME A BRAKE'' It's none of their dam business or is it ????? I absolutely refuse to alow them access to my complete medical history. Does this nullify my workmans compensation eleigability or give them grounds to refuse payment.


Asked on 11/02/02, 7:12 pm

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

Re: past medical records release forms

Without an attorney, you're going to have a hard time fighting this, even though you're right. The statute that they will throw at you is ARS 23-908(C), which states, "Notwithstanding section 12-2235, information obtained by any physician or surgeon examining or treating an injured person shall not be considered a privileged communication, if such information is requested by interested parties for a proper understanding of the case and a determination of the rights involved. Hospital records of an employee concerning an industrial claim shall not be considered privileged if requested by an interested party in order to determine the rights involved. Medical information from any source pertaining to conditions unrelated to the pending industrial claim shall remain privileged." Of course, Sedgwick thinks that the statute ends after the first sentence.

You do not automatically give up all privacy rights when you are injured at work. If you'd like, I'll be glad to share with you a release that I have my clients give to carriers (which they , by the way.) Feel free to give my office a call at 602-253-1789, or 800-863-4449. Be sure to leave the message that you're the person who inquired via LawGuru.com. I'll also be glad to chat with you, without obligation, if you have other questions.

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Answered on 11/02/02, 8:05 pm


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