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  1. #1
    Join Date
    Mar 2018
    Posts
    10

    Default Is Email Admissible As Evidence

    My workers compensation claim was made in the State of: New York

    Is email correspondence between you and your doctor admissable at a WC hearing?

  2. #2
    Join Date
    May 2010
    Posts
    590

    Default Re: Is Email Admissible As Evidence

    Quote Quoting Jameson_3 View Post
    My workers compensation claim was made in the State of: New York

    Is email correspondence between you and your doctor admissable at a WC hearing?
    I am no lawyer at all, just a WC survivor.....I will guess yes as you lose hippa laws when you are on WC.....Cant wait to hear from a practicing attorneys view on it!

  3. #3
    Join Date
    Mar 2018
    Posts
    10

    Default Re: Is Email Admissible As Evidence

    Thank you for your response. And, sincerely, congrats on being a WC survivor!
    Last edited by Jameson_3; 03-24-2018 at 07:07 PM.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,057

    Default Re: Is Email Admissible As Evidence

    Quote Quoting Jameson_3 View Post
    My workers compensation claim was made in the State of: New York

    Is email correspondence between you and your doctor admissable at a WC hearing?
    Why are you e-mailing your doctor and why are you worried about that?
    From your previous post, it seems you are concerned about past statements to your adjuster and now your doctor.
    Past statements, written or verbal can be used to defend against your claim and are admissible - this is why we tell people to refrain from giving phone interviews and to be careful what they say to the doctors.

    It's impossible to give a line by line definition to the rules of evidence - this is why you need a lawyer at the first sign of problems.
    A professional will know what's admissible and what's not and how to fight back.
    You need to consult and retain a lawyer at this point, it sounds like this is over your head.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    May 2015
    Posts
    90

    Default Re: Is Email Admissible As Evidence

    Whatever you do get a lawyer.... the insurance company does not play when it comes to what you say to them, your dr., a co-worker, etc.... and you definitely do not want the IC saying you are committing fraud because that will open up a whole new battle for you. Lawyer consultations are free.
    Good luck and God bless.

  6. #6
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,760

    Default Re: Is Email Admissible As Evidence

    Emails can generally be admissible in court if they are relevant and you lay the foundation correctly.
    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 and Board Certified Specialist in NC Workers' Compensation Law

  7. #7
    Join Date
    Mar 2018
    Posts
    10

    Default Re: Is Email Admissible As Evidence

    Thank you for your responses. I do have a lawyer - well, a firm. The lawyer at a new hearing is usually not the one from the previous hearing. I"m probably 1 of 100 clients.
    I've had to work with a lawyer in the past and have found the more you do for yourself the better, hence my email question. I'm curious as to how much input my employer has in all this. I know they get all the updates. They know one of their employees is being charged with a crime - but don't seem to care. They've never reached out to ask how I was doing (corporate offices are located at a different location).
    In the past, I've always gotten copies of scans and reports, but never the actual doctor's files. When i got access to the reports posted on the WC site, it was eye opening to see what their notes say as compared to what was actually discussed during the appointment. A hip issue is noted as lower back pain. I say I'm feeling better, they write pain level was a 10. Again, thank you for your input.
    Last edited by Jameson_3; 04-14-2018 at 07:33 AM.

  8. #8
    Join Date
    Mar 2018
    Posts
    10

    Default Re: Is Email Admissible As Evidence

    Case was dismissed (in my favor). Thank you to everyone for their input.

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