No employer employee relationship has been determined and a hearing has been scheduled. Can the employer ask for the med records before the Comp board makes a decision on the Employer Employee Relationship?
It appears the question is the timing of the release of the medical records, not whether they are discoverable at all. The employer can certainly ASK for the records. The more difficult question is whether there would be any negative repercussions for not releasing the records prior to employer-employee relationship being established. This appears to be a legal question deserving of a well thought-out legal brief. It may be best to ask the law judge at the appropriate time to hold the issue in abeyance if and until the case is established if you have some concerns that the release of those reports would somehow prejudice your claim or for some other privacy reason, as this is an uninsured employer apparently requesting them. Otherwise, sooner or later you may need to release these records to win your case, as you do put your medical condition in issue when you attempt to obtain compensation benefits for a medical condition acquired at work. If you refuse to do so, the defense may argue that the evidence must be considered in a light least favorable to you. It appears you would be well suited to retain an attorney well-versed in workers comp to help you navigate these waters.
Workers' Compensation Lawyer
If you are claiming an injury, then the putative employer has a right to review the relevant medical records. You have placed your physical condition in issue. An Attorney will probably be a good idea for both you and your Employer.
We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.
In a New York workers compensation case, the claimant has the burden of establishing that he or she has a disability resulting from the accident or illness being claimed, with out such proof the court may decline to move the case forward.
Once an injury has been asserted the employer is entitled to medical, remember all claims are against the employer, the insurance carrier is paid by the employer to fulfill the employer obligation under the law. Just because an issue exist as to who the proper employer does not relieve you of proving your case.
Please be aware that that both criminal and civil penalties exist if you with hold information or make a material false statement.
I recommend that you consult with a local attorney as controverted cases have many layers which may not be apparent to the layman.
Please remember the answer to this question is in general and without knowledge to the specific facts of your case. You should not rely on this answer when making important life decisions and seek a legal opinion based on your particular facts and circumstances.
I agree with the other attorneys. It is impossible to assert a claim for benefits related to a physical condition without opening up at least some of your medical information to review to determine the validity of your claim. You should contact a NY workers' compensation attorney for more information. There are many fine attorneys here on Avvo who could help you.
Seth Carroll is licensed to practice in Virginia only. The preceding is for information only and should not be construed as legal advice. Always call a lawyer directly for advice.