Baltimore, MD asked in Workers' Compensation for Maryland

Q: During a worker's comp case does my employer's IME doctor have access to medical records not related to my injury?

Should the doctor only have access to medical records related to my injury? Is he granted my entire medical history since I was a kid? Thanks

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1 Lawyer Answer
Eric Todd Kirk
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  • Workers' Compensation Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: So, you have filed a workers' compensation claim. By doing so, you've in effect but the body part injured "at issue". In other words, whether or not you've ever had problems with that part of your body before is the subject of legitimate inquiry. Certainly, the employer is going to be entitled to discovery on that issue. Now, there may be limitations. For example, OB/GYN records would not be relevant to a current wrist injury. Certainly, your attorney will move for the appropriate protective order if the scope of what is being sought outside the scope of relevant inquiry.

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