Legal Question in Workers Comp in New York

medical records

my insurance company supeoanaed my medical records from my primary care physican, they had not even asked for them prior, so my Dr sent records from date of injury now they want all my records...I receive 50% comp by a judges order They had all my records and already reveiwed them prior to the judges decision I realize there looking for prior injuries which I did have ,3 yrs prior but that was a hernia which was repaired and no settlements or further problems . The insurance co knows because I put it on their forms when i was first hurt do I have to release my private records? Also what is likely senario here?Are they going to stop my payments??Any info would be greatly appreciated


Asked on 12/20/08, 5:39 pm

1 Answer from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: medical records

You should not have disclosed that information. But now, it is too late. I would obtain an attorney, it is obvious that they are gonna apportion your injuries and cut your rate down even further.

If you would like to contact my office about representation please do so. Make sure to tell my secretary a) the parts of your body that you injured b) amount of compensation already paid and c) whether you are currently represented.

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Answered on 12/20/08, 5:48 pm


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