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Disclosure for Worker's Compensation Claim
Dec 21, 2012

I am filing a California workers compensation claim for medical treatment reimbursement for a work related, accidental fall. The paperwork requires an Authorization for Release of Personal Heath Information requesting my doctors contact information and medical treatment history for the past 10 years.

For HIV treatment, my employer is aware that I visit my doctor on a quarterly basis. Should my HIV status be disclosed during this claim process, are there any repercussions that may affect my privacy in the future?

I thank you in advance for your advice.

Response from Mr. Chambers

This should be confirmed with your W/C attorney. Otherwise, confirm with your worker at the insurance company that no actual medical details will go to your employer.

Also, read carefully any medical release you are asked to sign. Medical releases typically list HIV and mental health information separately because their confidentiality is covered under separate laws. Assuming there's no mental issues that are involved in the W/C claim, line out both those portions of the release and initial the line-out.

There is no medical or legal reason I am aware of that your employer needs to or should know of your status.

Good luck, Jacques

Pre-Existing Conditions and Workplace Insurance Later
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