Legal Question in Workers Comp in Virginia

Release of medical records and reports to the patient

I want to thank you in advance for all of your help.

I need help and don't know what to do and whay my rights are. Everyone involved has their on interest in mind!!

I have been disabled after a back surgery due to an approved workers compensation case since 6-2001. I was injured in the state of Maryland in the Baltimore/Anne Arundle County/City area. This is also where the local offices are based.

The doctors feel that I would need another surgery soon.

Since the start of my case, my attorney's paralegal has changed 3 times. I have had over 25 different doctors in MD, VA, and NC. The insured case adjustor has been changed 3 times. The insured nurse case manager and supervisors has changed 6 times. No one has the complete story and picture. Information between all of the changes has been lost, forgotten, and missed directed.

I need help, due to the number of personel changes due to circumstances beyond my control.

I would like to get a copy all of the doctor's reports and notes. I also would like to get a copy of all records that the worker's comp insurance company and case workers have.

What are my rights? What are the rules and Standards, that I can sight in my letters to all concerned parties.

Thank you,

J


Asked on 7/25/02, 3:17 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Release of medical records and reports to the patient

If your attorney is doing his job he should have all of your recordsk, or can certainly get them. Ask him to make copies for you.

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Answered on 7/25/02, 3:31 pm
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: Release of medical records and reports to the patient

Dear Sir or Madam:

You said you were injured in Maryland but you did not say if your claim was a Maryland claim or a Virginia claim. If you have a Virginia claim, all your attorney has to do is write the insurance company and under Rule 4.2 of the Rules of the Virginia Workers' Compensation Commission request all medical records on your file. Since I do not practice in Maryland, I do not know the answer if you have a Maryland claim. I hope this is helpful.

Gerald G. Lutkenhaus

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Answered on 7/26/02, 8:57 am


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