Legal Question in Workers Comp in California
do i have to release medical records to a company hired by my claims adjuster to find ways to lower their liability?
1 Answer from Attorneys
Not really.
You DO have to let them subpena SOME records. If you refuse, they just deny all liability for refusal to cooperate in discovery.
You CAN LIMIT the scope. You can specify only "orthopedic' records if it's a joint or bone claim.
You can limit to whom the records can be copied, and put a 3-month limit on it (so they can't keep re-using the same release over and over.
I you refuse to release any records, the adjuster just denies the claim is industrial, you end up at a hearing to prove the injury was industrial and the judge just tells you (or your attorney) to sign the release as written...which will be for everything except psych and AIDS treatment.