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Thread Title: Employer contact with W/C doctor
Created On Thursday January 27, 2005 2:45 PM

WorkCompTeam
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Thursday January 27, 2005 2:45 PM

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I have a client, that is trying to be pro-active with their employee's presently on w/c. The client recently called the doctor regarding their employee. The doctor or the person at the doctor's office was asked if there are "any physical findings" to this employee's complaints, and my cleint was told no.

My question is, are there any rulings to in ERISA or HIPPA that overlap to W/C that indicates the employer is not entitle to such information OR that the employer is not to contact the doctor and ask these kinds of questions?

I am trying to assist my cleint from any potential law suits due to privacy issues.

gaiassoul1@yahoo.com
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Thursday January 27, 2005 3:07 PM

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The client is entitled to work status and diagnosis only as it pertains to the industrial injury, under CA and Federal privacy laws.

HIPPA does not apply to work comp.

Ginger

cohenmi@sutterhealth.org
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Friday January 28, 2005 1:49 PM

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Ginger is correct, a non-self insured Employer is only entitled to diagnosis and Work Capacity.
The Health Insurance Portability and Accountability Act is HIPAA (not HIPPA).

dollarbill
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Saturday August 27, 2005 8:01 AM

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Information directly related to the injury for which the employee is being compensated is available to the employer including diagnosis mechanism of injury physical exam results and temp. work or movement restrictions. The key term is "related" to the injury.

jakelast@aol.com
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Thursday September 22, 2005 7:40 PM

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Recent changes to LC 3762 also allow the employer to obtain informaiton as to the treatment plan for the work injury. However asking specifics about the examination or history is not within the scope of information that is permissable absent a signed release by the IW.

Both the physician and the employer can get into hot water over this. The physician for violating the employees right to medical privacy and the employer for invasion of privacy.

Jake Jacobsmeyer
Adelson. Testan & Brundo

SAMMIE
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Friday September 23, 2005 5:21 PM

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So Jake, is it permissible for a DA to send a dQME report to an employer? What kind of release would an IW have to sign?

Edited: Friday September 23, 2005 at 5:23 PM by SAMMIE

Jeff
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Wednesday February 22, 2006 12:27 PM

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Only send those portions that are directly related to any proposed offer of modified or alternative duty, i.e. specific work restrictions imposed. Outside of that, I would not recommend copying the employer with the defense QME or any other medical report.

Jeff

-------------------------
Jeffrey Lemasters Tahir
YOHMAN, PARKER, KERN, NARD & WENZEL
jeffrey@ypknw.com

ronb
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Wednesday November 15, 2006 11:30 AM

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Does anyone know where the original privacy act can be found? I have the Confidentiality of Medical Information Act, Cal Civil Code 56-56.16, but the WC version is much easier to use when explaining to the employer why they need a medical release.

thanks

Bravo
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Tuesday November 21, 2006 8:39 PM

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ronb-
Jake gave LC 3762, check that. Medical "information" is what is restricted, so sending a report is problematic. Give the content which is specifically allowed.

Article 1, section 1 of CA Constitution gives privacy rights.

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