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Summary:

The administrative director shall conduct a study of the medical treatment provided for industrial injuries and illnesses. In conducting the study the administrator shall keep all patient identifying information confidential.

Summary:

Reports shall not identify particular claims file; contents of individual claim files and auditor's working papers shall be confidential. Disclosure of claim information to the administrative director pursuant to an audit shall not waive the provisions of the Evidence Code relating to privilege.

Summary:

Persons or entities that are not a party to a workers' compensation benefits claim may not obtain individually identifiable information pertaining to the claim from the Division of Workers' Compensation, except as provided.

Summary:

Exceptions to access to individually identifiable information: (1) the administrative director or a statistical agent may use information for a workers' compensation information system, (2) the Department of Health Services may use information for an occupational health and occupational disease prevention program, (3) the Division of Workers' Compensation, the Division Occupational Safety and Health, and the Division of Labor Statistics and Research may access information to the extent necessary to perform their duties, (4) persons and entities with legitimate statistical research purposes may have access to information provided that the research does disclose individually identifying information, the person/entity guarantees the confidentiality of the information, and the data is modified in such a way that the subjects cannot be identified, (5) information may be used to identify legitimate lien claimants.

Summary:

Individually identifiable information obtained by the Division of Workers' Compensation is privileged and not subject to subpoena in civil proceedings unless the court determines that the public interest and the purpose of this section will not be harmed by the disclosure of information. Law enforcement agencies and the district attorney's office shall have access to information and information is admissible in criminal proceedings.

Summary:

Insurers shall discuss all factors affecting the employer's premium with the employer. Insurers may not discuss medical information as defined in Civil Code 56.05 obtained from about an employee who has filed a worker's compensation claim except for the following: (1) medical information regarding the diagnosis of the condition for which compensation is claimed and the treatment provided, (2) medical information about the injury claim that is necessary for the employer to have to modify employee work duties.

Summary:

Physician conducting examinations pursuant to 4050, may be required to report or testify as to the results of the examination.

Summary:

Party may subpoena medical records in any proceeding under this division. Person in possession of the records must be served and a copy of the subpoena must be sent to all parties in the proceeding.

Keywords:
judicial
Summary:

Employee requesting compensation for permanent disability that may be payable, but the injury is not yet permanent or stable may be monitored until it is permanent. At which time, the employee will be evaluated to determine the extent of permanent disability and the need for continuing medical care, or the employer will disclose the amount payable for the disability.

Summary:

If there is disagreement between the parties regarding the permanent disability on the basis of the treating physician's evaluation of a represented employee then a medical evaluation pursuant to 4062.2 must be obtained.

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