Employee's Waiver of Confidentiality of Communications With Physician; Release for Medical Records and Information; Refusal to Sign Release

  1. Law
  2. Georgia Code
  3. Labor and Industrial Relations
  4. Workers' Compensation
  5. Payment of Compensation
  6. Medical Attention
  7. Employee's Waiver of Confidentiality of Communications With Physician; Release for Medical Records and Information; Refusal to Sign Release

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  1. When an employee has submitted a claim for workers' compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, that employee shall be deemed to have waived any privilege or confidentiality concerning any communications related to the claim or history or treatment of injury arising from the incident that the employee has had with any physician, including, but not limited to, communications with psychiatrists or psychologists. This waiver shall apply to the employee's medical history with respect to any condition or complaint reasonably related to the condition for which such employee claims compensation. Notwithstanding any other provision of law to the contrary, when requested by the employer, any physician who has examined, treated, or tested the employee or consulted about the employee shall provide within a reasonable time and for a reasonable charge all information and records related to the examination, treatment, testing, or consultation concerning the employee.
  2. When an employee has submitted a claim for workers' compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, the employee, upon request, shall provide the employer with a signed release for medical records and information related to the claim or history or treatment of injury arising from the incident, including information related to the treatment for any mental condition or drug or alcohol abuse and to such employee's medical history with respect to any condition or complaint reasonably related to the condition for which such employee claims compensation. Said release shall designate the provider to whom the release is directed. If a hearing is pending, any release shall expire on the date of the hearing.
  3. If the employee refuses to provide a signed release for medical information as required by this Code section and, in the opinion of the board, the refusal was not justified under the terms of this Code section, then such employee shall not be entitled to any compensation at any time during the continuance of such refusal or to a hearing on the issues of compensability arising from the claim.

(Code 1981, §34-9-207, enacted by Ga. L. 1992, p. 1942, § 18; Ga. L. 2009, p. 118, § 4/HB 330.)

Law reviews.

- For annual survey on workers' compensation, see 61 Mercer L. Rev. 399 (2009). For annual survey on workers' compensation, see 64 Mercer L. Rev. 341 (2012). For annual survey on workers' compensation, see 65 Mercer L. Rev. 311 (2013). For note on the 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 285 (1992).

JUDICIAL DECISIONS

Workers' Compensation Board regulated photocopying charges.

- Because the Georgia Workers' Compensation Board, and not the Health Records Act, O.C.G.A. § 31-33-3, regulated the medical photocopying charges in workers' compensation proceedings, the trial court properly dismissed a declaratory judgment complaint filed by a photocopier, which sought guidance regarding the appropriate fee structure for medical photocopying services in workers' compensation proceedings, for failure to state a claim upon which relief could be granted. Smart Document Solutions, LLC v. Hall, 290 Ga. App. 483, 659 S.E.2d 838 (2008).

Employee not required to authorize provider to communicate with defense lawyer.

- Employer was permitted to seek relevant protected health information informally by communicating orally with the employee's treating physician. O.C.G.A. § 34-9-207, by the statute's plain language, authorized a treating physician to disclose not just tangible documents, but also information related to the examination, treatment, testing, or consultation concerning the employee. Arby's Rest. Group, Inc. v. McRae, 292 Ga. 243, 734 S.E.2d 55 (2012).


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