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  1. #1
    Join Date
    Jan 2012
    Posts
    17

    Default Medical Release Forms

    Er is asking for blank signed release for medical records for past surguries, that were for non work related illnesses. I have signed releases for records of all medical pertaining to work injury. Are they intitled to all my medical records?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Medical Release Forms

    it's difficult to tell ahead of time which the doctors might find relevant.
    without knowing the medical condition you could probably exclude mental health records.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,076

    Default Re: Medical Release Forms

    Get some local legal advice on that. They are just fishing for a reason to deny some or all of your claim.
    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

  4. #4
    Join Date
    Aug 2011
    Posts
    62

    Default Re: Medical Release Forms

    Have you gotten a lawyer yet? You need to do this right away. Personally I would not give them a signed release of info for anything until I talked to a lawyer and even then I would probably have the legal office do that for me. Then the ER will get a message that you do have counsel. Here is what you need to understand and the sooner you do the better off you will be. You need to have a lawyer, if you don't you are playing with fire and it will be a endless question in your mind of what you should and shouldn't do. WC is a force to be reckoned with and even lawyers tred with caution. I am fairly new at this myself and have to jump through hoops everyday, not to mention trying to get treatment and breaking down WC barriers but I always follow what my attorney's advice is even if I think it is redundant and makes no sense. He has been dealing with WC a whole lot longer than I. If you have a attorney and you don't think he is working out for you, then you need to get another. There is no law that says you cannot. Good luck and heed this advice, it can make a huge difference in how your case is handled or not.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Medical Release Forms

    Quote Quoting confusedanddisenchanted View Post
    Er is asking for blank signed release for medical records for past surguries, that were for non work related illnesses. I have signed releases for records of all medical pertaining to work injury. Are they intitled to all my medical records?
    You do need legal counsel on this claim.
    But, yes, you would be required to provide past medical records... you are taken on hire by your ER "as is"... if you have had prior injury/illness, even non industrial, there may be a pre existing level of "impairment" due to those surgeries. That % will have to be determined, by medical reasoning, as this goes to "apportionment to cause" of PD, not cause of injury.
    Your ER is liable only for the % of PD due to this injury.

    Apportionment to cause of PD... that reduces the amount of PD indemnity benefits you may be due.

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