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.
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.
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.
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
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.
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.
In order to determine medical issues in regards to workers' compensation, the parties may submit the following to an agreed upon medical evaluator: records from the treating physicians), medical records relevant to determining the medical issue. The medical evaluator must prepare a report and indicate all information received, all information reviewed for the report, and all information relied upon in forming her opinion.
If the appeals board determines that a treating physician's report contains opinions that are not supported by adequate evidence, they must notify the administrative director. If the administrative director finds that the physician's report contains a pattern of unsupported opinions, she must notify the physician's licensing board of such findings.
Asbestos worker is required to submit to an independent medical examination unless the appropriate authorities determine that there is adequate medical evidence that the worker developed asbestosis through work.
