I was told to sign an Authorization to disclose protected Health Information to allow opposing lawyers from workman's compensation to view so a settlement can be reached. I was not given a copy and don't know exactly what information is being released. No protected Health information involving the claim is of any concern. However I do have protected Health information from several years ago I do not want released. Such as information involving my Federal Pension Disability and of course my records relating to Mental Disorders. Hey nobody is perfect. Would anyone know if this particular information would be released or just protected health information involving the workman's compensation claim. If someone may know exactly what health information is released I would appreciate knowing exactly what I signed. I do know I can revoke this authorization. Any help here? I'm only concerned that information regarding the terms of my Federal Pension Disability and mental heath status could become a matter of public record. Is this possible? Thank you.
Answer by jason
You probably signed to release any prior health issues of any kind.
Answer by moxx4us
Does your lawyer know anything about your Federal Pension Disability and your records relating to Mental Disorders? I sure hope so. Does your Worker's Compensation case involve any of the same type injuries or disabilities that you are already getting benefits on? If so, the other side is definitely entitled to discovery of these for some type of apportionment between your condition at the time of your worker's comp. injury and what your current additional claimed disability is. Once you ;put your health and disability in issue, essentially you have waived your right to prevent disclosure of most past medical history, unless it is otherwise protected by some privilege.
Answer by lucy
As a former auto injury claim adjuster, what you signed is a normal medical authorization, which I would get from claimants filing for a injury claim/settlement from an auto accident. This form in effect will allow them permission to access all of your medical records concerning this WC case.
What you need to do is make sure that your lawyer has this form show only for the dates from the WC date of injury to present. Most of the time, only the doctors seen for your injury is asked for your medical records of your injury, treatment and the amount of any impairment you may have received from this accident. But depending on the type of your injury, if any of it is pre-existing from your prior disability and/or mental disorders, they could request all of your prior medical records even before your WC injury. This could determine if the WC accident aggravated prior problems or if this has no bearing at all.
But here is the catch. Even if they are getting medical records for only this case, most likely in your medical records will be your info on your prior disability and mental disorders. When you go to a doctor, most likely filled out a form about any other problems you could have checked on a box, any meds you are taking and will be noted in your personal medical records. Most doctors need this especially if they need to prescribe a RX and don't want any complications or side effects from another drug you might be taking.
Over the years while reviewing medical reports for injury settlements, I was amazed what doctors put in their notes. Every-time you go to the doctor, they will ask how you feel and if any other problems, which could be related to this accident or not. I have seen where people complain about marriage problems, sexual problems, depressed etc and is noted in their file. Granted, some of it could be needed, while other things should just be left out.
I am assuming that your lawyer is well aware of your prior disability and mental problems, but if not, you better inform him, since most likely he and the other lawyers will find out when they get those records. I have seen in some cases, where the doctors office when they copy them have blacked out some things they believed not relevant, but even if they do that, then they may request those records to verify if it is related to your current case or not. Either way, to settle your WC case, they have to have your records period.
You need to sit down with your lawyer and have a discussion on what impact this will have in your case period. Only your lawyer can tell you based on your injury and past if this will be of concern or not.
good luck
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