Legal Question in Workers Comp in California
Can an employer demand to see my medical records for the last 10 years? From every doctor that I have seen?
2 Answers from Attorneys
Assuming you are claiming an on the job injury, you are not required to grant your employer the ability to see your related medical records for a reasonable period of time [10 years tends to e fairly standard] but they can subpoena those records instead. The subpoena duces tecum [subpoena of documents] is supposed to be limited to the same parts of the body claimed injured or symptoms in other parts of the body that effect those parts [an injured foot might add strain to a hurt back], with all records of alcoholism and drugs use hidden, but most Dr.'s offices just give your whole file to the copying agency. A refusal to grant authority to look at the records may make the claims examiner suspicious, unless you are represented by an attorney, as almost all attorney's require that a subpoena issue. In return for giving written authority, you can demand a free copy of the records.
The best way to respond to such demand for information would be through a deposition when your attorney can be present and duide you how to answer thye questions. Feel free to call us at 213.388.7070 for a free consultation.
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