Legal Question in Workers Comp in California

Workers' Compensation is one of the few exceptions to HIPPA. In other words, if an attorney representing an injured worker wants to obtain medical records from a hospital relating to that worker, he only needs to issue a subpoena. Likewise, a defense attorney has the same options. HIPPA is overruled by the subpoena given that workers' compensation preceedings are specifically provided for in the HIPPA statutes. Unfortunately, many medical facilities do not comply with the exception and send notices stating no records can be obtained due to HIPPA. Consequently, I typically issue a subpoena to reduce problems. Few medicals facilities will ignore a subpoena.