Nothing in subdivision (f) of Section 56.30 [disclosure exemption for industrial accidents] shall permit the disclosure or use of medical information regarding whether a patient is infected with or exposed to HIV without the prior authorization from the patient, unless the patient is an injured worker claiming to be infected with or exposed to HIV through a work-related exposure incident.
Under the Workmen's Compensation Act, the Industrial Accident Commission can receive physicians' reports as evidence. (In Hart v. Industrial Acc. Commission of Cal., an automobile mechanic injured on the job was denied workers’ compensation based on insufficient evidence (i.e. the statement of the examining physician) that his injury was caused by the work incident. The mechanic appealed the decision, but the court found in favor of the Commission and affirmed the Commission’s decision.)
It is unlawful for any person to make or aid in making any knowingly false material statements (or fail to disclose a material fact or provide false information, etc.) with intent to receive workers' compensation benefits. Such statements include oral or written reports of injury, physical or mental limitation, hospital records, test results, physician reports, or other medical records.
The board of the State Compensation Insurance Fund may hold closed sessions when considering matters related to Workers’ Compensation and Insurance claims, to the extent that confidential medical information or other individually identifiable information would be disclosed.
The insurer or licensed rating organization must release all relevant information to an authorized governmental agency if requested by the agency or if the insurer has reason to suspect worker’s compensation fraud. The governmental agency is in turn authorized to share the information with other authorized governmental agencies.
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.
Where a claim for workers' compensation is filed (except for psychiatric injuries) after notice of termination/layoff, and the claim is for an injury occurring prior to the time of notice of termination/layoff, no compensation shall be paid unless the employee demonstrates (by a preponderance of the evidence) that the employee's medical records, existing prior to the notice of termination/layoff, contain evidence of the injury.
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.
