Oak Forest, IL asked in Workers' Compensation for Illinois

Q: Is it legal for a workers compensation insurance company to use a blank signed medical release with various providers?

The form was signed but no provider added and the company just changes the name to get information for the claim or for investigation of the claim- example, records for prior injuries that are not under the claim but for that same body part. So providers that the worker’s compensation is not paying for.

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1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: If you sign a check without entering a payee or an amount, can it be cashed?

The answer to both questions is yes.

Moreover, if a WC carrier pays for medical care, they have a statutory RIGHT to access the records. They do not need your permission unless they refuse to pay. If they refuse to pay, you cannot compel them to pay without giving them a copy of the records. So, either way, you need to give them the records. Some providers are ignorant of the law and demand a release, even when they are not entitled to it. To prevent a WC carrier from accessing medical records or to make it more difficult for them to access the records is a fool's errand because you will ALWAYS lose.

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