Q: A Third Party Administrator gave portions of my medical record to their outside legal counsel for Arbitration.
I don't remember signing anything to the Third Party Administrator to share my Work Comp provider's medical record (for me) with their outside attorney. I stopped the arbitration process. It wasn't working. This attorney is an outside attorney only. Now the the Administrator's legal counsel (same attorney) wants me to sign releases to him for all my medical records. I will not do that. Why was he given legal access to a portion of my record during Arbitration and not the rest of the Work Comp's providers medical records? Or maybe he was and I just don't know that. My medical records went from the Work Comp medical provider to the Third Party Administrator and then to the Administrator's outside legal counsel for arbitration purposes. Can they do that? The outside attorney is now telling me that my next medical appt is blocked (although already approved by Administrator) unless I turn over all my medical records to him. He is bullying me for the records. My rights?
A: A Tennessee attorney could advise best, but your post remains open for three weeks. In terms of GENERAL insurance doctrine, regardless of the type of insurance, carriers or their TPAs can delegate defense matters to counsel of their choosing, inhouse or outside. But that is only a general insurance industry premise. A Tennessee workers' comp attorney who had the opportunity to examine the file could offer more meaningful guidance. Good luck
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