White Paper

Medical Records Law in Workers' Compensation Claims: Know What You Can Release

 
The dissemination of medical records, exchange of medical records in workers’ compensation claims varies from state to state. A consensus, however, of all of the states indicate that there are statutory provisions for the production of medical, the exchange of medical, and the introduction of medical at hearings. The Statute provides the details for the production and the exchange of records, but also the penalties for the failure to comply with the Statute. The statutes in the various states also differ regarding the obligations of the medical provider to supply records to the parties, including the employee, plaintiff and defense counsel, insurance carrier, employer, and the workers’ comp administration. Over and above the State’s Workers’ Compensation Acts, there are HIPAA and ADA considerations pertaining to and limiting the release of medical records.

Faculty

James R. Geroux

Plunkett Cooney, P.C.

Agenda

Faculty

James R. Geroux

Plunkett Cooney, P.C.

  • Partner Plunkett Cooney, P.C.’s Detroit office
  • Defended workers’ compensation claims for various insurance companies, as well as for self-insured employers for more than 40 years
  • Counsel for Municipality on Significant Workers’ Compensation Claim, Supreme Court, establishing new burden of proof on death claims
  • Defended municipalities, companies, insurance companies, third party administrators in 750 trials; defended automobile company on many major workers’ compensation claims and insureds, including coordination of benefits, psychiatric disability, cardiac disability, etc.
  • Listed in Best Lawyers in America® for Workers' Compensation Law, 2008 to 2015; Leading Lawyer in Workers' Compensation Defense Law, Leading Lawyers Magazine Michigan, 2015; Achieved the highest rating in the Martindale-Hubbell Law Directory
  • Frequent lecturer on the topic of workers’ compensation at seminars conducted by the State Bar of Michigan, Michigan Self Insurers Association, American Law Firm Association and various other groups

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