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?


Asked on 5/19/10, 1:36 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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.

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Answered on 5/24/10, 9:30 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

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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Answered on 5/24/10, 10:41 pm


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