Legal Question in Workers Comp in Arizona

The statute the carrier is relying on is ARS 23.908(C), which states that a workers' compensation applicant waives the right to claim privilege of any records relating to, or necessary for an understanding of your claim. That second phrase is the tricky one. They do not have to take your word for it that your doctor's file does not contain evidence of a pre-existing condition, or of an injury that happened away from the workplace.

If you have legitimate and strong concerns about something in your doctor's file, then you should quote the above language to your doctor, and tell him to release only those records that are related to or are necessary to an understanding of your industrial claim. The carrier will probably deny you, however, so you'll have to decide if it's worth the fight. You'll probably need a lawyer, too.