Legal Question in Workers Comp in California

Type Your Question Here I had a work injury. ... workmans comp insurance company went letter requesting I sign document giving them permission to seek my medical records for last 10 years. Do I have to sign this and send it. Or can I refuse. I haven't had any accidents in 9 years that I remember


Asked on 9/02/16, 10:21 am

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Your prior medical condition could be relevant information for insurance companies. If you don't sign the release insurance company assume you are hiding something and may stop your benefits like temporary disability benefits. If you are represented by an attorney they have to go through your attorney to get any information and sometimes they set your deposition in which you can explain your prior medical conditions rather than only relying on medical records. Worker's compensation is a highly specialized area of law. So if you need representation please call me at 213-388-7070 for a free consultation.

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Answered on 9/02/16, 11:24 am
Nancy Wallace Nancy Wallace Atty at Law

Sadly, your very private medical history and information becomes somewhat public when you ask an insurance company to pay for your medical treatment.... so CROSS OUT the 'okay' for any psychiatric or psychological records (those remain private unless you file a claim for psychiatric injury) and cross out any OK for any HIV records (all non-discoverable) AND put a 90 limit on the time the records can be obtained... the insurance company is supposed to complete their investigation in 90 days. Have the recipient of the medical records JUST the adjuster NOT blank and NOT the employer (then if your medical details get someplace they should not, you can go after the adjuster and just the adjuster).

IF YOU DON"T sign and return the release, the adjuster has the right to deny the claim and request the claim be dismissed for 'failure to participate in discovery'. so setting aside and refusing to sign it is a bad idea.

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Answered on 9/02/16, 11:49 am


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