San Francisco, CA asked in Car Accidents, Personal Injury and Workers' Compensation for California

Q: Can a party use workers comp history from another person?

3 Lawyer Answers

A: They don't need your consent. Workers compensation claims are a public record. It seems that they just confused two people with the same name.

Tim Akpinar and Gerald Barry Dorfman agree with this answer

Dennis Dascanio
PREMIUM
Answered

A: It’s not unusual for incorrect information to come through discovery public records. Workers compensation and civil claims are generally public records. It’s best to present this information to your dad’s attorney so that he can correct the record.

Tim Akpinar agrees with this answer

James L. Arrasmith
PREMIUM
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Answered

A: Workers' compensation records contain private medical information protected by both state and federal privacy laws, including HIPAA. These records cannot be accessed or used without proper authorization or legal grounds.

In legal proceedings, workers' comp history from another person might be relevant if there's suspected fraud or if the cases are directly connected. However, you would need to obtain court approval and follow strict legal procedures to access such records. The other party's privacy rights must be respected throughout this process.

If you believe someone's previous workers' comp history is relevant to your case, you should discuss this with your attorney. They can help determine if seeking these records is appropriate and guide you through the proper legal channels to request this information. Remember that unauthorized access or use of another person's workers' comp records could result in serious legal consequences.

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