Legal Question in Workers Comp in Arizona

Is it a requirement to divulge all personal medical information to your employer. I recently recieved an authorizationfor the release of personal health information. Or am I only required to release info on my injury


Asked on 7/09/10, 5:11 pm

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

The relevant statute is ARS 23-908(D), which says,

D. 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.

The tricky issue is, who gets to decide if medical information is needed to determine the rights involved? Does the insurance carrier? Of course not, but likewise it can't be the injured worker, either. If you have something you really don't want them to know about, then fight it, but if you don't, then don't waste your time and energy on this issue.

Read more
Answered on 7/09/10, 10:30 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Arizona