Q: Can orthopedic doctor ask for my Psych. records?
I was a victim of workplace violence. I submitted a Workers Comp. claim for my back and another for mental anguish.
Can my Orthopedic request my Psych. records. Psych. records are confidential and why would he ask for this if I am seeing him strictly for my back? Should I worry as to why he wants my Psych. records?
Also since I was assaulted at work and filed a police report, I would think this would be an open and shut case with my employers ins., State Fund. With all the evidence they have denied my claim. I know they are good at denying claims, however, I feel this is a valid claim as a deposition was done, and there was evidence of the assault.
Do they ever approve claims?
Thanks so much and your feedback would be appreciated.
A: When you assert a 'mental anguish' YOU opened the door to your complete life-long mental health history. The adjuster can get your arrest records, any mental health treatment records, hospitalization records, everything except HIV/AIDS records. Because you must show that 51% of your mental disability resulted from the assault, this is NOT an 'open & Shut' claim. A report in California is 'not substantial evidence' and not admissible if the physician does not have a complete medical history. So if you want your Orthopedic Surgeon's report to be admissible, he should review ALL of your medical records. If there is something in the mental health records showing back pain complaints in the past and the ortho doesn't acknowledge that past, the judge cannot use his report in making a decision, it would be based on an incomplete/inaccurate history.
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