Q: Does your employer or Workman's Comp liaison have the right to look at your past medical history from your doc?
I hurt myself (not at work) almost 2 years ago. I missed a lot of work and sought treatment (all at my expense). I now have a new job and injured myself except it's the same symptoms as before. Do I have to tell WC about the old injury? Are they allowed access to my medical records? Can they say it was a pre existing condition and not cover me? I work in healthcare and do a lot of patient lifting.
A: By making a workers' compensation claim you essentially waive your normal privacy rights in regard to your medical history. If you do not tell them about the prior injury, they are still all but guaranteed to eventually find out about it, and your failure to disclose will be used to make you appear dishonest. They can certainly claim that this is a pre-existing condition and deny benefits as a result. If that happens, you have the right to file a Claim Petition and present your case to a workers' compensation judge.
A: As Mr. Belt said, they can look at anything relevant. Now if it's a shoulder injury and they want your psychological or gynecologic records you may reasonably object, but it's always best to consult a lawyer first.
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