Legal Question in Workers Comp in California

HR Access to Work Comp Medical Records

Does a company's HR dept have the right to review my detailed work comp medical records to deny a partial & limited return to work recommendation from my physician? I am a RN.


Asked on 8/21/08, 3:15 pm

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Re: HR Access to Work Comp Medical Records

They have a right to reveiw any medical reports produced as a result of your workers comp claim. They may also have a right to review records connected to past injuries, or look to see if you had ever been in prior lawsuits, etc. However, HR depts usually do not engage in this activity. It is usually their insurance company and/or a defense firm.

Good Luck.

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Answered on 8/22/08, 3:18 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: HR Access to Work Comp Medical Records

Yes. However, their denial may be improper based upon a faulty interpretation of the medical records. Perhaps it is time to seek an AME or QME.

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Answered on 8/22/08, 3:55 pm


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