Q: I'm going through Work Comp now to deal with my carpal tunnel. I have had visits w/ a Dr. prior trying to avoid WC.
WC now wants my med. records. How far back am I required to realease? Have I damaged my case w/ WC by trying to deal with it privately before? I had heard horror stories about WC and didn't want to have that experience. Thank you.
A: the answer is a reasonable time. its best to consult with an experienced work comp attorney and hire one to represent you and help you through the process. it costs nothing out of pocket and fees are limited to 15% of the settlement amount. its well worth it to have a professional by your side and avoid becoming one of those horrow stories.
It depends what stage your case is in. Have you picked a neutral doctor yet? I suggest you consult with any one of us on Justia before picking a neutral doctor. That is VERY important.
As for prior records they can subpoena your prior medical records to see if you have had similar complaints in the past so the doctor can say what percentage is related to this case and what percentage is related to your prior problems.
1 user found this answer helpful
A: It is somewhat difficult to provide a complete answer without knowing more detail. But, generally speaking, prior medicals may be relevant to demonstrate a pre-existing condition, to prove that the injury is non-industrial, and they also may be helpful to your case, depending on how long you have been with your employer. Carpal Tunnel Syndrome is a progressive injury and must be pled as such. You have a right to obtain self-procured medical treatment under certain circumstances, but if your employer is not aware of your injury, then it is tougher to argue that they are obligated to provide you benefits. You would be well-advised to call an attorney that handles these types of cases, at least to discuss your options. Best of luck.
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