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  1. #1
    Join Date
    Mar 2012

    Angry Can Worker's Comp Listen to Conversations Between You and Your Psychiatrist

    My workers compensation claim was made in the State of: virginia

    I am getting counseling sessions through a therapist for depression stemming from a worker's compensation injury. The injury ended not only my career, but, ended any hope of future employment. I have been through a lot when it comes to situations and worker's comp. After a decade of fighting them, I can't believe that they are still doubting my injury claims and playing their stupid games. I will never give up the fight, and, each time they put me through hell, it just makes me madder and want to fight them even more.
    A new situation has now arisen that I'm not sure how to handle. The insurance company wants to listen to my conversations with my mental health counselor. I don't feel comfortable with this at all. If they are going to be listening, I am going to be worried that they are going to misconstrue my words and make it into something that it's not (as we all know, they are famous for that!). If they are going to be listening to my conversations I can imagine that I will not talk freely as I need to do to cope with my situation. My question is, is this legal for them to do? I find it a violation of my privacy in a moral fashoin, but, I'm not sure about the legal fashion.
    Does anyone have any advice?
    Last edited by tiredofthiscrap; 03-28-2012 at 04:40 PM.

  2. #2
    Join Date
    Feb 2007
    Charlotte, NC

    Default Re: Can Worker's Comp Listen to Conversations Between You and Your Psychiatrist

    You need to ask a Virginia lawyer. If you don't have one, then call the state licensing board for your counselor and ask them.

    I am pretty sure that they cannot "listen to" this conversation without your permission. They can, of course, get the written medical notes. How are they physically going to listen to the conversation? Have they asked the counselor to record it and give it to them? That would be wrong on so many levels I would not be able to list them all. But these insurance companies have no soul.
    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

  3. #3
    Join Date
    Mar 2012

    Default Re: Can Worker's Comp Listen to Conversations Between You and Your Psychiatrist

    I'm not sure if they are suggesting that the conversations be recorded (although I wouldn't put it past them), I was thinking more on the lines of them sticking a case manager in my sessions to listen as to what was being said.
    I have asked my lawyer and of course, have not received a response. I like your suggestion to contact the state licensing board, thank you.
    I'm so glad I found this website. It makes me feel like there any many people out there that are lost just like me when it comes to worker's comp issues. My lawyer is a lot like others I reasd about in this forum...worthless. It seems as long as he gets paid, I don't think he gives a hoot as to what happens to me. I feel like I have no rights when it comes to worker's comp because that's how he makes me feel. He hasn't put up a fight for anything when it comes to my case. The whole system is corrupt. It seems those that lie & fake their cases don't get half as much harassment as those of us whose cases are legit.

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