Can Workers Comp Adjusters in Texas require "all" medical records be turned over to them?

Question

Friend injuried on the job. Now Adjuster requesting "Release" be signed to allow them to obtain "all" Medical History from each Physician seen. Nothing to hide but do they have the right to all other treatment, etc or can they be restricted to only those items dealing with the current condition for which treatment was sought?

Answer 1

Yes, all records, this is normal procedure for a workers compensation claim.

Answer 2

Yes.  They have the right to know if this is related to a prior injury, so they have the right to ALL medical records.  You can't pick and choose.

Answer 3

Yep. Especially if its litigated.

Answer 4

Yes.

Most of the time the release says all and unless the adjuster has a reason to believe you are trying to claim a prior injury or non-work related injury as a workers comp injury - they probably will not request any more than the records related to the WC injury.

And, making a big deal out of the language in the release in the prior records is going to cause the adjuster to wonder what you are hiding. Especially if your injury is a soft tissue back/neck injury that could have happened off the job.

Answer 5

Technically, they must limit their inquiry to any records dealing with the condition or injury in question.  A 'fishing expedition' violates your right of privacy, especially since HIPPA went into effect.