Whoever has the Release can get the information. That is what RELEASE means, and why you need to read it before you sign it. You can tell the Clinic to not honor the Release any longer, but if they already got the information, it is not the Clinic's problem.
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.
This is the specific statute that deals with the release of medical information to an employer or insurer in the context of a Minnesota work comp claim:
176.138 MEDICAL DATA; ACCESS.
(a) Notwithstanding any other state laws related to the privacy of medical data or any
private agreements to the contrary, the release in writing, by telephone discussion, or otherwise of medical data related to a current claim for compensation under this chapter to the employee, employer, or insurer who are parties to the claim, or to the Department of Labor and Industry, shall not require prior approval of any party to the claim.
You can find the complete statute here: www.revisor.mn.gov/statutes/?id=176.138
If you have any problems whatsoever with a work comp claim or if you have any questions, you should contact an experienced work comp lawyer in your area. You will probably find that claims adjusters will be much better behaved if they know you have someone representing you and looking out for your legal interests. Insurance companies have experienced claims adjusters and lawyers protecting their interests – why wouldn’t you want someone protecting yours?
ThThis response is intended to provide general information and is not intended to substitute for individual legal counsel on any specific problem. No attorney-client relationship is created or intended to be created by use of the Avvo website or the information contained in this response to a question. An attorney-client relationship is only established by a signed retainer agreement with my office. The information presented here is based on the laws of the state of Minnesota. Anyone viewing this information who resides outside of the state of Minnesota should be aware that the laws in their state may differ. Every effort has been made to present accurate and current information. If you have a question about the accuracy of any of the information presented here, please contact Bradt Law Offices at 218-327-1235.
You signed the medical release form so yes the clinic pursuant to that release can give out your records.
Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm
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