Legal Question in Workers Comp in California

Can a worker comp carrier, upon submission of a worker comp claim demand access to all the claimants medical history including non related health issues..not being sought for benefits. is the claimant entitled to privacy for all other medical issues not related to the workers comp claim for benefits.


Asked on 10/06/09, 9:54 pm

1 Answer from Attorneys

Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Yes, the carrier is entitled to all medical reports. In comp the defendant is entitled to any evidence that might reasonably lead to relevant evidence. In other words, the courts are very liberal with discovery. However, you have no formal obligation to provide the carrier with a medical history. The carrier can subpoena any medical records it wants to review. If the carrier wants more, then it can schedule a deposition, at which time you will be required to provide the names of any physicians or hospitals you have seen in the past.

Note that your refusal to provide the information cannot be used to deny your benefits for a patent industrial injury.

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Answered on 10/06/09, 11:53 pm


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