Legal Question in Workers Comp in California

I filed an injury report where I work for dermatitis from repeated surgical scrubbing. I'm on modified duty till my hands heal and have missed no work. There is a possibility this dermatitis will become chronic and end my career as a surgical technologist.

My employers work comp insurance carrier sent me a form requesting a full 10 year medical history with a HIPAA release they say they need for "the discovery process of your injury".

They state if I fail to provide this information it may "affect your entitlement to future benefits".

Is it wise to disclose all my private medical information to a work comp discovery team? Am I shooting myself in the foot if I fail to do this at this time, or can I release the information later if it is necessary.


Asked on 7/01/10, 7:23 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You have a potentially very serious workers comp case and you don't have a lawyer yet? Why is that? I would provide nothing, and get a comp lawyer immediately.

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Answered on 7/06/10, 12:29 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Youy don't have to answer any of the question. The proper format would be at a deposition when you are properly prepared by your own attorney how to answer questions and your attorney would make objection to any unreasonable question. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 7/06/10, 5:27 pm


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