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
Tim Akpinar
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
