Do You Have to Disclose Your Entire Medical History After a Workplace Injury in California?
After a workplace injury, insurers often ask for your complete medical history—but California law limits how far that reach can go. Here’s what you are actually required to disclose, what the courts have said, and how to protect your privacy.
“I Got Injured on the Job — Do I Have to Share My Whole Medical History?”
Navigating a California workers' compensation claim — including responding to written requests from the insurance company — can feel threatening and confusing. Under California law, both the injured worker and the insurance company are entitled to discovery: the process of gathering information to support or dispute a claim for a work-related injury. But that right has limits, and a recent decision makes those limits clearer than ever.
Understanding Labor Code Section 4663(d)
Effective January 1, 2013, Labor Code Section 4663(d) states that “an employee who claims an industrial injury shall, upon request, disclose all previous permanent disabilities or physical impairments.” A recent case interpreted exactly how far that obligation goes.
In Reveles v. State of California Sierra Conservation Center (Panel Decision, April 5, 2024, ADJ16783231), the insurance company filed a Petition to Compel the injured worker to sign a broad medical release — or have the court suspend payment of workers' compensation benefits. The trial judge ruled against the worker and required the signature. The injured worker appealed.
Appeals Court Limits the Scope of Medical-Record Disclosure
On appeal, the Workers' Compensation Appeals Board interpreted the statute narrowly and overturned the judge's decision. The Board held that the statute requires disclosure of a specific disability or impairment — but does not require disclosure of all prior medical treatment. An order requiring an injured worker to disclose prior medical treatment to specific body parts goes beyond what § 4663(d) requires.
The court added that an insurance company must show a reason for the inquiry to support such a request. It also found these written disclosures unduly burdensome where the insurer has not shown why other discovery methods — such as a deposition of the injured worker — would be inadequate.
In light of this decision, if an insurance company suspends or denies benefits based on a failure to comply with a broad request for all prior medical treatment, it may be worth presenting that bad-faith denial to a workers' compensation judge in an effort to get benefits reinstated.
Talk to a Workers' Compensation Attorney
The attorneys at GEKLAW have represented and fought for injured California workers for over thirty years. If you believe your benefits are owed — or an insurer is demanding more of your medical history than the law requires — we can help.
Call 213-739-7000 or email info@geklaw.com.
