Riverside, CA asked in Workers' Compensation for California

Q: do I have to release all medical records for the past 10 years for a tennis elbow injury? I work in warehouse?

They are asking for any doctor or physician visit or claim since 2011. I’ve worked at the same company for 6 years doing a lot of arm and hand motion.

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2 Lawyer Answers
Nancy J. Wallace
Nancy J. Wallace
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Sadly, YES. You can try to oppose this, have all records copied and delivered to the Workers Comp Judge to review and ask that the comp judge deliver only the relevant records to the defense. BUT that takes weeks and months and the insurer will likely stop providing benefits while you oppose letting their attorney review your records. The insurer cannot know whether you've had this same injury with every employer until they order these records and notice an ABSENCE of hand and arm complaints. Most medical providers now are only going back about 5 years, so they will just find the last 5 years of doctor's notes. If you had problems with the hands and arms in the past, don't panic! Whatever you had earlier didn't stop you from working, but these repetitive duties for the past 6 years DID stop you from working, so it doesn't matter what you told doctors about your hands in the past.

Dr. Peter Marc Schaeffer agrees with this answer

Domingo R. Castillo
Domingo R. Castillo pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Workers' Compensation Lawyer
  • Indio, CA
  • Licensed in California

A: You can limit the information that the insurance carrier obtains and restrict any and all psychological treatment or med care. This also is an opportunity to reflect and review all prior injuries that may have occurred at your job. Unfortunately most insurance companies will look for any reason to Deny your claim. That is why they are looking at your last medical records instead of asking you about your current complaints. I suggest you seek legal counsel and speak to a competent workers compensation attorney to review all your legal options. Unfortunately, many employers will look for ways to terminate you after you’ve reported a work related claim or injury. Protect yourself and speak to an Experienced Workers Compensation Attorney.


Castillo & Associates

Domingo Castillo

Attorney at Law

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