Those Pesky Insurance Company Forms

Recently, my partner Sheldon Cohen moderated and organized a panel for the Southern California Applicant’s Attorneys Association regarding subpoenas issued by the insurance company or defense counsel for documents related to injured workers, past treatment, and past employment. It got me thinking about an Applicant’s right to privacy and the insurance company’s request for information.

Normally, about fourteen days or so after filing a claim, an injured worker will receive a notice of acknowledgement of claim from the insurance company. This notice of acknowledgement of claim will merely acknowledge the filing of the claim and request that the injured worker fill out various documents. Generally, these include a medical history for the last ten years, a request to fill out a HIPAA authorization, and a request for a list of doctors which the Applicant or injured worker has seen for the past ten years.

So what should the injured worker do? The insurance company claims that if you do not provide the information, they may delay or deny the injured worker’s claim. The insurance company attempts to scare the injured worker into signing all of these documents and signing away all of their privacy rights just so they will maybe accept the claim.

This office takes a firm stance that these requests should not be provided or signed by the injured worker and returned to the insurance company. What most do not realize is that by filling out these requests, the injured worker is giving up all of their medical history, of which most is probably not related to their injuries sustained. The insurance company then finds all of this information about the injured worker that will not change or provide any further information on their case and now the injured worker’s past colonoscopy or flu shot records are available to the insurance company.

So, what is the takeaway when an injured worker receives these requests? Do not sign them. Do not return them. Contact our office instead so we can talk early on in your case whether or not these need to be returned and whether or not the insurance company is actually seeking relevant information to your case.

Our attorneys are available to talk with you regarding your case and regarding whether or not to fill out these medical releases. You should always consult with an attorney before returning these forms and handing over your private information to the insurance company.

As Sheldon stressed at the meeting, an injured worker’s right to privacy does not disappear just because they have filed a workers’ compensation claim. Do not let the insurance company fool you into thinking that by providing this information they will then accept and provide you benefits.