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medical records
03-19-2009, 06:39 PM
Post: #1
medical records
Hello
I have been learning from and reading this forum for more than 2 years now. I have been on wc for 2 1/2 years, things were moving along 2 failed surgeries, ect ect. I just now got a lawyer, I live in Montana. My question is how far back can wc go into your medical records? They sent me a letter asking for a release for the last 20 years, not to my lawyer. Can they do that? Also can they force medical tx on you that has not been proven? Thank you all for your help now and in the past, even though you did not know you were giving it.
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03-19-2009, 06:54 PM (This post was last modified: 03-19-2009 06:54 PM by jayne.)
Post: #2
RE: medical records
I would ask lawyer how far back I dont know...I signed an ok for medical records pertaing to injured body parts my cervical and lumbar spine....the rest was none of their business

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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03-19-2009, 07:23 PM (This post was last modified: 03-19-2009 07:29 PM by 1171.)
Post: #3
RE: medical records
wow a 2 yr lurker surfaces.
goes to show that we don't realize how many are affected by our postings.
the audience is likely far larger then we all think.
Thankx for reminding me that my posts are not just used by the one or two that take the time to put something up.

Here's to all the lurkers out there: thankx for allowing this site to make a difference. Hopefully it's been for the better.
P.S. excuse the petty banter that goes on from time to time --just kids being kids.

Mpenny:
generally there is no time limit on medical discovery. It's difficult to predict what part of one's medical history an evaluating doctor will find relevant to the current problem or condition.
you can try to limit the release in different ways but usually that just highlights the area in question. If they are truely intrigued by what you don't want known, they can usually get a judge to order disclosure.
no treatment --good or bad --can be "forced" on a patient.
the carrier controls the benefits and can suspend or deny but the choice of complying remains with the patient.

Sir jamesB.
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03-19-2009, 07:34 PM
Post: #4
RE: medical records
1171 Wrote:wow a 2 yr lurker surfaces.
goes to show that we don't realize how many are affected by our postings.
the audience is likely far larger then we all think.
Thankx for reminding me that my posts are not just used by the one or two that take the time to put something up.

Here's to all the lurkers out there: thankx for allowing this site to make a difference. Hopefully it's been for the better.
P.S. excuse the petty banter that goes on from time to time --just kids being kids.

Mpenny:
generally there is no time limit on medical discovery. It's difficult to predict what part of one's medical history an evaluating doctor will find relevant to the current problem or condition.
you can try to limit the release in different ways but usually that just highlights the area in question. If they are truely intrigued by what you don't want known, they can usually get a judge to order disclosure.
no treatment --good or bad --can be "forced" on a patient.
the carrier controls the benefits and can suspend or deny but the choice of complying remains with the patient.

jamesB.

Thank you for your answers. Nothing to hide I just think they don't need my ob gyn records. I had bi-lateral knee scope after a car accident over 15 years which I have told the doctors and wc about.
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03-19-2009, 07:45 PM
Post: #5
RE: medical records
Thank you, nothing to hide. I just don't think they need my ob gyn records. I had bi-lateral knee scope after a car accident over 15 years ago, I have told the doctors and wc about them. I am worried that they will say that they will not cover osteoarthritis because of prior injury. I had no problems or pain until accident at work. I now have bone on bone arthritis after a fulkerson osteotomy, the only thing left is a knee replacement. I am in my early 40's. My private ins. is covering my left knee because wc denied claim. The new Doctor said it was due to over compensation. My lawyer will deal with that later I guess.
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03-19-2009, 11:42 PM
Post: #6
RE: medical records
THEY automatically become suspicious when you dont release all your med records. At least thats what ive been told. Always tell Everything as honestly as you can recall. If you dont remember, state that you dont remember. The smallest thing you forget to mention could be made into something. Its always good to keep notes about any appts you have with drs , lawyers or therapists. keeps it all fresh in your mind for the next time youre asked the same questions over and over. BTW...its better that your private insurance is covering your knee so tx cant be delayed repeatedly by an ornery case manager . Your insurance co will eventually get reimbursed by Comp if your case is approved. I empathize with your knee pain. I also have bone on bone in my left knee due to back problems.

7 Yr survivor of the NY State workers compensation system
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03-20-2009, 12:02 AM
Post: #7
Toungue RE: medical records
1171 you guys and gals are great at helping ppl i too have veiwed this sight for over a year..and wanted to thank you and everyone else that helpsSmile

SETTLED!!!
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03-20-2009, 12:18 AM
Post: #8
RE: medical records
I know My Attorney Limited My Release Forms, (He had them sent to Him Before they were sent to Me to Sign) to Only Cover any Work Related Time Periods, and any Older Files that would Deal with the Area Injured. So they got the Info. they needed for a Successful look at My Past, and even though I also had Nothing to Hide, it was just a Way to keep the Defense in Check, and let them know We are Paying Attention, and not just letting them do as they Wish! Check with Your Attorney if You have One, or You May be able to Find Some Info. in Your State Laws! Welcome, and Best of Luck!!Wink

I Must also Say, and this could Contradict what I Said Above, but if the Defense would have Pressed Us Hard, We would have had to Divulge More Records than We did. When You Enter the Wonderful World of w/c, Your Life becomes an Open Book, so Good Attorney's are worth Their Weight in Gold!!Wink

Failed Back Surgery, Chronic Pain, Totally Disabled.

Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!!
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03-20-2009, 08:00 AM
Post: #9
RE: medical records
Welcome to all the " Lurkers". LOL Glad to see we are helping people and don't even know it. This site really is great and has helped me through my whole WC case. I could not of done it without them. That is why I had no need to hire a lawyer although a few times I feel I should have.

Sometimes not all cases need one. I got my permanent impairment award within 11 months and still have my medical taken care of. The only regret I have is getting my meds paid for. If I had a lawyer maybe they would be paid for today and my award would of been a slight higher. My main concern is my treatment.

carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
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