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need advice asap
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09-30-2008, 09:37 AM
Post: #1
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need advice asap
I just posted about extended leave request (I'm in PA)....and I was relieved to hear my HR rep was considering it. Now she e-mailed me requesting all of my medical records. (I already sent her a detailed letter from my primary care doctor). I have no problem providing them but wanted to know if this is the usual course, or if I should go through my attorney, or if anyone has any suggestions? I of course am going to contact my attorney now but if anyone has any advice, been through this, etc. I'd appreciate any info. There is some really personal stuff in my files with regard to my doctors visits, especially psych appts. I am just concerned. thanks!
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09-30-2008, 11:58 AM
Post: #2
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RE: need advice asap
you can limit the records to a particular doctor or a particular period of time or condition.
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09-30-2008, 12:05 PM
Post: #3
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RE: need advice asap
The only way the IC got my medical records was by having the Nurse case manager from the IC have me sign papers so they could get them. I never was asked from my employer to give this information. I do not know how it works in PA, but I do not think your HR dept. needs to know all your medical information. The IC I could see asking to get records of your appointments that have to do with Workers comp. doctor visits.
When I was going to doctors appointments and the NCM was there, I was offered therapy and told that if the IC is not paying for the visits, they were not entitled to the records. Hopefully this helps alittle and of course someone else will come along with better information to give you. carpal tunnel recurrence/ neuropathy / RSD. 1/29/07 injury date. Permanent. PIR settlement 8/4/08 10% |
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09-30-2008, 12:50 PM
Post: #4
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RE: need advice asap
1171 and Sparkey...THANKS!!!!!!! I was worrying so much and lawyer is out of the office, so thank you. I just remembered (thanks to your posts) the wc is not paying for my psych appts., because the psych doctor will not accept wc benefits...so, that will be my answer for not needing them to know every detail. As for my primary, you should see the letter he already wrote, very detailed and should be enough for them to make a decision. So, I am not going to go crazy trying to get them all of my records. Thanks again!!!!!!!!!!!!!! cookie
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09-30-2008, 01:58 PM
Post: #5
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RE: need advice asap
If injured at work, your employer is kind of like paying the bill. You should Limit your Medical records to the on the Job Injury only. For surely that is what they are seeking. And yes, they are entiled to them records also. If you don't supply them, they surely can obtain them, but then they may decide different in your extension you seek. You now have a choice, and realy it's not a tough one.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor. |
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10-01-2008, 08:09 AM
Post: #6
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RE: need advice asap
You can play it safe and only supply your employment with "work injury only" medical records. The other stuff is none of their beezwax. Especially if you have a loud mouth HR gal repeating your private medical background to other employees! This is what happened where I worked. The normal HR gal was let go because of cut backs...then they appointed the HR & insurance tasks to one of the Biggest, loud mouthed gossip mongers in the factory! No one there was comfortable with that decision.
Lilly
Injured worker, & tired of it all! I'm too old for games!! A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless! |
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10-01-2008, 09:55 AM
Post: #7
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RE: need advice asap
Thanks to everyone....all of your input is appreciated. I heard from lawyer and he concluded much of the same....don't give psych info since wc is not paying for that...only give wc file from primary in relation to my injuries. Also, he said to get it in writing that HR said "not to worry" about FMLA deadline until this extension is "decided upon". Thanks again and be well everyone!
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10-01-2008, 12:10 PM
Post: #8
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RE: need advice asap
I'm From Pa. also, and My Attorney told Me from Day One not to Speak to My Employer or the i/c Directly, All Correspondence Must go through Him. You May want to Contact Your Employer, and let them know You are not Permitted to Release any Info. without the Consent of Your Attorney, and You will have them Contact You. That's Just my Opinion,but it's Best to be Safe than Sorry!! Best of Luck!!
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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10-01-2008, 12:14 PM
Post: #9
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RE: need advice asap
I'm from PA ..and believe me, I still have no idea really what's going on. Yet, I've been dealing with my injury since 2006. I just wanted to tell you that I had a nurse case manager at my house WHEN I had an attorney actually. She at first claimed she was only there to get, "facts" about my case straight. But then towards the end of her visit, she wanted me to sign a paper that let her get all previous medical records. She made me go to an IME and while I was there, she just popped up at the office saying, "she was just there and happened to notice me." Yeah right. Just so happens she had that paper in hand and was asking me right there in the waiting room to sign. Of course I didnt, but eventually anyway my attorney sent me papers that I had to sign so that I could release those medical records.I dont know if you HAVE TO let them see those, but I have a wrist injury and had one in the past.. & they were trying to say mine wasn't work related I'm guessing? However, the IME I think surprised us all when they suggested I needed mores surgeries that what my doctor intended. So I dont know, I didnt let them at first have my records.. but somehow eventually they got them..
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10-01-2008, 12:56 PM
Post: #10
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RE: need advice asap
To the extent that the medical records are potentially relevant to your workers’ compensation claim, they are discoverable by the IC in PA. This would not only include records directly relevant to your injury, but also records regarding disability unrelated to your work injury. So in your case, if you are claiming some form of psychiatric component to your work injury, the IC has a right to the records. Also, if your psychiatric condition restricts your ability to return to work, the IC has a right to these records.
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