Legal Question in Employment Law in California

Since 1996 I have worked for a large law firm in it's Los Angeles Office. Several months ago due to mental and physical issues, my doctors put me on a medical disability leave. I have continued seeking medical help,both for the physical ailments and the far more serious mental health issues. My PCP has extended my leave now though January 2010. My employer has asked for my medical records to do an accommodation to see if my disabilities should be the cause being fired. A lot of the mental health issues stem from an unresolved harassment situation at the office. My psychiatrist has suggested that my employer is not entitled to the notes and some other information in my doctor file, and that the authorization I signed, because it was either sign it or be fired for not signing it may not be valid. I'm at a loss. To top this off the supplemental disability insurance company has been extremely difficult to work with as well. My doctors have responded to their requests many times, yet the insurance company keeps requesting more and more information. I don't know what to do and need help and advice as to my legal remedies. Thanks.


Asked on 10/20/09, 2:16 am

1 Answer from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

It appears that your disability is partially work-related. I recommend that you file WCAB application and claim against your employer due to harassment at work . Since at issue is your psychiatric state, your employer is entitled to investigate this claim by requesting you to provide them with a release for your psychiatric records. This could be done by retaining a worker's compensation attorney and through a deposition and if they need your consent and background information insurance company can do so when your attorney is present. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 10/20/09, 2:37 am


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