Newport News, VA asked in Car Accidents, Libel & Slander and Workers' Compensation for Virginia

Q: Can an car accident defense attorney subpoena previous/future jobs for medical records? Can the employers refuse?

I was struck by an angry Road rager on January 31st 2020. Of course the road ranger lied in court and pretended that we were both at fault. So the judge, confused, dismiss the case. I appealed, have no attorney, and now we are headed to trial soon. Ironically enough, when I finally found another job I was immediately injured by faulty equipment. Which led to a worker's comp. I have scoliosis so that injury or re-injury was similar to what I suffered during the car accident. But the two events are completely separate and were treated as such. I didn't seek the same Treatment or places as soon as I was injured on the job. But now the defense attorney subpoenaed the workers comp job for info and all medical records and things like that. The company didn't oblige my workers comp on good terms they fought Me the entire time and I feel they would be glad to try & ruin this case for me with false narratives. Can old/new jobs refuse The subpoena? Can I or they reverse it due to irrelevance?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A Virginia attorney is going to need to advise here, but your post remains open for two weeks. Making the call you are describing is often not a simple thing. Although you contend that the incidents are separate, and they well may be, defense attorneys will typically summon medical records on the basis that their relevance could be something whose relevance is yet to be determined, upon closer evaluation by their IME physicians or other experts, and presumably to be rebutted by your treating physicians or experts. That might be one of the reasons why the question remained open - an attorney could want to see the file and its records. If you have not resolved this impasse, you could consider reaching out to Virginia attorneys for their opinions and guidance. Good luck

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