North Carolina Worker's Compensation - Help For Injured North Carolina Workers

• North Carolina Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• North Carolina Worker's Compensation Resources - Links and resources for injured workers.

Page 1 of 2 12 LastLast
Results 1 to 10 of 20
  1. #1
    Join Date
    Feb 2011
    Location
    newton grove
    Posts
    11

    Default Do You Have to Sign a Release for Personal, Medical, and Financial Records

    Hurt at work,bed for 3weeks,severe leg pain and buttocks,Ive been to doc 2x,just got mri with and without contrast, shows large herniation and very little scar tisue from microdiscectomy from 4yrs ago. I go back this week to review mri with their ortho doc. Im going to ask/demand (nicely) to see my neuro doc to let him decide what I should do. Isnt that fair? Ive already signed a med release form for my case manager to get all records relating to care and treatment. Have been paid so far for two weeks out of four. The "adjuster" said they were paying me "without prejudice" ? and I needed to sign another form release to release personal info,financial info,med info,etc.etc. I have nothing to hide but is this normal? safe? standard? reasonable? any reason to worry? should I just sign it? They have made me wait 4wks to get a doc appt and seem to be prolonging me getting better! Ive had 3 surgeries in 4yrs(none workers comp,knee,neck,and 4yr ago lumbar) and Im getting sub-standard care and being treated like Im on trial. I was told by the 1st er doc that I needed follow up with my docs. Instead 4wks later! they sent me to a ortho doc of their choice. I want to see my neuro surgeon and let him review the mris and see if he can help me get back to work quickly. Why is this such a battle? I wish I could just handle this myself with my insurance. Im not getting help and cant see my doctors and now this medical release form. Help please!
    thanks
    concerned and want to get back to work!

  2. #2
    Join Date
    Jun 2010
    Location
    Raleigh NC
    Posts
    19

    Default Re: Do You Have to Sign a Release for Personal,medical,financial Records is This Norm

    I did but when I hired a lawyer they told them that I would not release that info. I had nothing to hide but do you really want someone that has more info in front of them about you then you know about yourself

  3. #3
    Join Date
    Feb 2011
    Location
    newton grove
    Posts
    11

    Default Re: Do You Have to Sign a Release for Personal,medical,financial Records is This Norm

    my release doesnt say what medical records or from whom or how long they are going back. What doctors will they contact? How can they find EVERY doctor Ive ever been to? I have no problem signing this if this is standard. I dont want a lawyer, I just wnat to get treated and get beter but its obvious that when you arent in control you arent getting the best help. I thought it was about the hurt person. If my work backs me, that should be enough shouldnt it? just send me to docs and lets get this over with!

  4. #4
    Join Date
    Jun 2010
    Location
    Raleigh NC
    Posts
    19

    Default Re: Do You Have to Sign a Release for Personal,medical,financial Records is This Norm

    Mine was for every Dr I have been too in the last 10 years for anything.

    ---------- Post added at 11:43 PM ---------- Previous post was at 11:42 PM ----------

    from being on WC for 14 months now , now matter what you feel you need get a lawyer.

  5. #5
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    609

    Default Re: Do You Have to Sign a Release for Personal,medical,financial Records is This Norm

    Quote Quoting captainelectric View Post
    I dont want a lawyer, I just wnat to get treated and get beter but its obvious that when you arent in control you arent getting the best help. I thought it was about the hurt person. If my work backs me, that should be enough shouldnt it? just send me to docs and lets get this over with!
    If I had a dime for every post like this...... Everyone of us IW's wants this....it's not about us....it's about the ICs and the fact that they want to limit their liability as much as possible. If it means lying to the IWs, if it means using every law and tool to their advantage...so be it. We are not human beings to them, we are a claim number and their goal is to limit the amount of money that they spend on each claim. ICs are big companies full of people that don't know us, so how could an entity like that "care"? They have a job to do.... and they do it........ My job is to fight for myself with the help of a competent lawyer to get the treatment necessary for me. It is my job to humanize myself to the judge who makes the decisions. It is my job to humanize myself to my Dr.s so they understand my symptoms and can help me get what I need by substanciating it in his/her notes. Finally, it is my job to live the best life I could lead without making my W/C case the only thing i think about.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Do You Have to Sign a Release for Personal,medical,financial Records is This Norm

    The WC carrier is entitled to a wage statement from your ER. Not your financial records.
    They are also entitled to medical records...from all Dr who have treated you.
    Why...because the ER/IC is only liable for any PD due to THIS injury. Prior injury, surgeries etc are evaluated ...'against' for lack of a better word...it's called "apportionment to cause" of permenant impairment. IE...if through medical evaluation your Dr determines, at MMI, that you are 70%PPD, and additional medical reasoning, supported my medical evidence... there is 50% apportioned due to the prior conditions...the final PPD rating would be 20%, and that would be what your indemnity benefits would be based on.

    If you haven't already, you should be consulting with a competant WC atty.
    There are times the ER/IC can go to court and get a judge to compel you to provide medical records...you need the atty. to represent you in your claim.

  7. #7
    Join Date
    Mar 2011
    Location
    NC
    Posts
    2

    Default Re: Do You Have to Sign a Release for Personal,medical,financial Records is This Norm

    I would not recommend signing this release. If the adjuster has indicated that they are paying the claim without prejudice it means that they have not fully accepted your claim. Essentially, they are paying the claim while they "investigate" it. By providing this release, which essentially gives the wc carrier the right to get whatever they want regardless of whether they are legally entitled to it, it provides an opening for them to find a reason to deny your claim. Technically, the WC carrier does not need a release to obtain your records for your work-related injury. Why would they need your financial information?

    I strongly caution against signing this release.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Do You Have to Sign a Release for Personal,medical,financial Records is This Norm

    Thank you NCWCESQ... and welcome aboard...!!!

  9. #9
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,048

    Default Re: Do You Have to Sign a Release for Personal,medical,financial Records is This Norm

    No, no no no no.

    They are only entitled to the medical records pertaining to the injury. If they are paying for those bills they do not need a release from you to get those records. Do not give them the other releases unless a lawyer you hire to represent you specifically tells you to do so. They are just fishing for a reason to deny your claim. That is what "paying without prejudice [to deny the claim within 90 days]" is all about. They must have sent you a Form 63. Get on the Industrial Commission web site and read up on it.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  10. #10
    Join Date
    Jul 2010
    Posts
    227

    Default Re: Do You Have to Sign a Release for Personal,medical,financial Records is This Norm

    I cannot say if the 'captain' should or shouldn't sign the releases but everyone that responded to this thread should know that if he doesn't will be reason enough for the IC to stop payments and treatment. The WC doc will record and report that there are obvious signs of past injuries and surgeries, then the IC could make the claim that they need to have all his past med records in order to determine if they are treating the correct injury as per the relation to his current claim. Everyone here should have, but didn't warn Mr. 'E' that not doing so will most likely result in termination of services and payments. Mr. 'E' needs an AT asap. They could very well try to give him hell over the pryor surgeries and end up in battle in front of a Judge. In my case, I was honest and divulged info about some broken bones I had suffered 15 yrs. pryor to my current injury, (records had been destroyed) and they used a massive amount of 'literary license' and added additional injuries to the 15 yr. old med record that no longer exists. How the hell do you pull that off?! They went as far as sayin' that I had broken my back and w/ out any surgery or recorded treatment that I had just managed to live with it for 15 yrs. (insert sarcasm!!!)

Similar Threads

  1. Replies: 1
    Last Post: 10-16-2010, 01:02 PM
  2. Medical and Financial Record
    By mark14 in forum Legal Issues
    Replies: 3
    Last Post: 12-16-2009, 02:13 PM
  3. Medical Financial Services Company
    By brokedown in forum North Carolina
    Replies: 3
    Last Post: 12-27-2007, 09:29 PM
  4. Replies: 4
    Last Post: 05-02-2007, 08:54 AM
  5. Insurance Company Wants Personal Financial Records
    By anonymous in forum North Carolina
    Replies: 1
    Last Post: 03-24-2002, 03:40 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer