Legal Question in Workers Comp in California

No. They are entitled to medical records for a reasonable period of time [10 years might be ok] as to injuries or medical problems involving the same parts of the body as you injured in the industrial accident or parts of the body that might effect that part of the body or your work limitations. The major problem is that even though they may limit the records to that extend [demand you get a free copy of all the records they get], most medical providers just turn over the entire medical file.

YES YOUR MEDICAL RECORDS ARE DISCOVERABLE. When a worker requests Workers Comp benefits, the worker's medical history is 'open' for discovery. IF YOU FAIL to give any history, then the insurance company can choose to (1) DENY RESPONSIBILITY FOR THE WHOLE CLAIM citing Failure to Cooperate in Discovery, and (2) request an 'Evidence Presumption' that the records at those doctors would have shown you weren't hurt at work.

THAT SAID, if you have no psychiatric or 'stress' claim certain psych and drug rehab documents are not discoverable, and records of AIDS diagnosis and treatment are protected from discovery (unless you are claiming you gots AIDS from work).

SO: if you don't want the claim denied for refusal to participate in discovery, you should complete the form requesting your history----keeping in mind that most phyisicians destroy their records about 6 years after the patient stops coming, so most records 6 years and older won't be available for copying.

You should not complete the release form without having an opportunity to explain it in your own words. Therefore, the best setting would be a deposition when you are under oath and you have your attorney present. Feel free to call us at 213.388.7070 for a free consultation.