Legal Question in Workers Comp in Michigan
Doctor patient privilege
If I am injured and I file a workers compensation claim, does the doctor patient privilege extend to an investigation regarding whether I sustained an on the job injury? Or can my doctor disclose my medical history to witnesses to the incident to try to discredit me?
2 Answers from Attorneys
Re: Doctor patient privilege
If you are at odds with your doctor, you definitely don't have much of a case. On top of that, no one will force you to waive the doctor-patient privilege but if you don't, then you do not have a case, either. When you file a case, it is necessary that you waive the patient-physician privilege. William S. Stern
Re: Doctor patient privilege
This privilege is generally waived when you file a claim for benefits, but only subject to a subpoena or deposition; there has been some "loosening" of this rule in the general liability context however.