South Gate, CA asked in Workers' Compensation for California

Q: I didn't file a workers comp or requested payment but workers comp want my medical information. Do I need to release it

I had a car accident no injuries or lost of work

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2 Lawyer Answers
Gary Alan Jackson
Gary Alan Jackson
Answered
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: if you are not claiming injuries then there is no reason to disclose medical information. Just be sure you don't have some silent pathology going on that comes to light later. getting a good medical check up perhaps with an MRI can be very helpful to ensure there is no bodily damage.

Ronald Mahurin
Ronald Mahurin
Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: I am a little confused. I am guessing that you have an open medical award or an open workers compensation case and the carrier is looking to see if there is treatment overlap, for example if you hurt your neck in the car accident and had an award for neck treatment or have claimed a work neck injury. If this is the case, then the carrier can subpoena the medical records from the doctors you saw for the car accident. As noted by Mr Jackson, there is no rule or mandate that you must provide these medical records to the carrier absent a workers comp claim.

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