Legal Question in Workers Comp in California

Slip and Injured II

I injured my back last year and my employer is self insured and has been taken great care of me. I have only seen my Doctor a few times in the past 7 months. I'm doing my own physical therapy Doctors orders. I had a slipped disc and now it's worse. I had a non work related back injury (sprain muscle) in 2001. I took a few days off work for. upper management thought I was released at Full Duty and the case was over. (It's not over). Now my WC dept. wants me to release medical records over the past 10 years. Management thinks this old injury myabe the cause of the new injury. Do I have to release my records or is it time for an attorney. I'm not looking for compensation just get fixed and stay at my job.


Asked on 11/25/04, 4:06 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Slip and Injured II

You should probably get an attorney as the untimate issue will be apportionment. Hopefully you have already filed an application, if not, then you should do so. The Carrier will probably assert that the current injury is due to a naturally occurring degenerative condition that has nothing to do with the work you have been performing. In other words, the injury would have happened anyway, thus you are responsible for all costs.

If the medical records are relavant to the claim, and I believe they are since the old injury was your back, under the labor code you will be required to release those records. However, a general release will allow all records to be released. It might be best to get an attorney and have the attorney review the records before they are sent to the carrier. That will afford you some protection.

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Answered on 12/20/04, 7:26 pm


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