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Thread: Authorization?

  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Default Authorization?

    Does the workers comp people actually need the paper signed so they can go through my school records? All employment records? ALL medical records?
    They sent a letter stating-
    "Based on new laws, injured workers are required to dis close ANY AND ALL previous injuries, awards, and physical impairments."

    Is this true?

    Do they need ALL that information?
    Or can you simply just not sign and send in the paper?

    Can they just go through the SPECIFIC medical records they need?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Authorization?

    If you hide information it's grounds for denial.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Authorization?

    What the CA is refering to is in the labor code as follows...
    4663 (d)'' An employee who claims an industrial injury shall, upon
    request, disclose all previous permanent disabilities or physical
    impairments.'' http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664

    I don't know that the request for records is to include school or previous employment details.
    You can sign the form indicating which records you are agreeing to release...eg. doctors names/address you may have been treated by. You don't need to go back as far as your birth.

    The reason for this is because the ER is not to be held for any cause to your permenant disability outside that of the industrial injury.
    The issue of ''apportionment'' is discussed in the first part of 4663 as follows...
    ''4663. (a) Apportionment of permanent disability shall be based on
    causation.
    (b) Any physician who prepares a report addressing the issue of
    permanent disability due to a claimed industrial injury shall in that
    report address the issue of causation of the permanent disability.
    (c) In order for a physician's report to be considered complete on
    the issue of permanent disability, the report must include an
    apportionment determination. A physician shall make an apportionment
    determination by finding what approximate percentage of the permanent
    disability was caused by the direct result of injury arising out of
    and occurring in the course of employment and what approximate
    percentage of the permanent disability was caused by other factors
    both before and subsequent to the industrial injury, including prior
    industrial injuries. If the physician is unable to include an
    apportionment determination in his or her report, the physician shall
    state the specific reasons why the physician could not make a
    determination of the effect of that prior condition on the permanent
    disability arising from the injury. The physician shall then consult
    with other physicians or refer the employee to another physician from
    whom the employee is authorized to seek treatment or evaluation in
    accordance with this division in order to make the final
    determination.''

    So, yes you do have to supply access to your medical records, as the ER/IC has the right to ''discover'' IF there is outside 'causation' to your PD.
    If you don't sign, they can ask a WCAB judge to order you to sign/provide what they are seeking.
    You'll also be asked to sign a release of your SSA records as it is a requirement that SSA/Medicare interests be taken into consideration even though you may not be SSA/Medicare eligible at this time. They are now required to insert to the effect that shows your SSA entitlements have been considered in any settlement agreements.

  4. #4
    Join Date
    Sep 2007
    Posts
    196

    Default Re: Authorization?

    bella.
    At my first depo, i was asked to give permission for the IC to get all records from when i started high school to the present. All football, sports records and all medical records.The IC tried everything to try and apportion my injury to a previous incident.I had graduated 12 years earlier.
    always be on gaurd belle

  5. #5
    Join Date
    Apr 2008
    Posts
    3

    Default Re: Authorization?

    I am seeking an attorney as of now.
    They did a background check while I was in the hospital to find reason to fire me.

    And they are asking for all records of my life for the last 10-15 years.
    I have NO problem giving them the record to the recent accident at work.
    I can give them access to the ER records and all notes from my hospital stay.

    But is it really needed to go back to when I was in HIGH SCHOOL and Elementary school?

    The paper they sent leaves it open so they can get ALL info on my life.
    I feel like I am signing a blank check over to someone.

  6. #6
    Join Date
    Apr 2008
    Posts
    3

    Default Re: Authorization?

    I am seeking an attorney as of now.
    They did a background check while I was in the hospital to find reason to fire me.

    And they are asking for all records of my life for the last 10-15 years.
    I have NO problem giving them the record to the recent accident at work.
    I can give them access to the ER records and all notes from my hospital stay.

    But is it really needed to go back to when I was in HIGH SCHOOL and Elementary school?

    The paper they sent leaves it open so they can get ALL info on my life.
    I feel like I am signing a blank check over to someone.

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