Do You Have to Disclose Your Entire Medical History After a Workplace Injury in California?
"I got injured on the job, does that mean I have to share my entire medical history?"
If you are unfortunately injured on the job, navigating a California workers' compensation claim, including responding to written requests from the insurance company can feel threatening and be quite confusing. In California workers' compensation law, both parties (the injured worker and the insurance company) are entitled to engage in discovery. This is the process in which either party tries to gather information to support or disallow a claim for a work-related injury.
Understanding Labor Code Section 4663(d)
Effective January 1, 2013, a new statute was enacted, Labor Code Section 4663(d) which states ""An employee who claims an industrial injury shall, upon request, disclose all previous permanent disabilities or physical impairments." A recent case interpreted an injured workers' obligation under this statute.
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 injured worker and required signature on the broad medical release. The injured worker appealed this decision.
Appeals Court Limits Scope of Medical Record Disclosure in Workers' Comp Cases
On appeal, the Workers' Compensation Appeals Board interpreted the statute narrowly, and overturned the Judge's decision. The court held that the statute requires disclosure of specific disability or impairment, but does not require disclosure of all prior medical treatment. Therefore, an order that requires an injured worker to disclose prior medical treatment to specific body parts is beyond the required disclosures of § 4663(d).
The court indicated that an insurance company has to show a reason for the inquiry to support such a request for information. Further, the court determined that these written disclosures are unduly burdensome when the insurance company has not shown why other discovery methods would be inadequate, such as a deposition of the injured worker.
In light of this decision, if an insurance company suspends or deny benefits based on a failure to comply with a broad request for all prior medical treatment, then there should be consideration given to presenting this bad faith denial before a workers' compensation judge in an effort to get benefits reinstated.
The attorneys at GEKLAW have been representing and fighting for California workers' compensation for injured workers in Southern California for over thirty years. If you believe these benefits are owed, please feel free to inquire at 213-739-7000 or info@geklaw.com.
