Q: WC carrier sent me a blank medical information release form they want me to sign.Is this legal?
WC carrier asked for a list of ALL medical treatment providers seen in the last 5 years. Can I limit the info I profide to only that which is relevant to the WC injury claim?
A: A reasonable limitation should be set rather than signing a blank form. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: It is 'Legal', it isn't a crime. It's sloppy. If you had an attorney very experienced in workers comp, she would limit the release to medical treatment within the past 5 years excluding psychiatric and any HIV treatment records. What you think is relevant to the claim might be completely different from what the investigator and adjuster think is relevant. You might think taking a records of treatment for a beating from a spouse is not relevant to a comp claim, but the adjuster would insist on these records. You might think records of treatment for a sexually-transmitted disease has no relation to your work injury, but the adjuster can insist upon these records (some infections cause extreme back and abdominal pain). If you refuse to provide some form of records release, the insurer or defense attorney can move to have your claim dismissed for refusal to cooperate in discovery. I'm sorry your very private medical past gets thrust into the public eye when you are hurt at work, but that is sort of what happens.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
