Medical Information on Injured Workers Restricted

Jan. 12, 2000
A new law requires California workers' compensation insurers and claim administrators to severely restrict access to injured workers' medical files.

As of Jan. 1, 2000, a new law requires California workers' compensation insurers and claim administrators to severely restrict access to medical information about injured workers.

Legislation signed by California's Gov. Davis last year, amends Labor Code Section 3762 to specifically prohibit claims administrators from providing medical information regarding an injured worker's claim to employers, agents, brokers and others.

Despite some misgivings, since enactment of the "Employers' Bill of Rights" statutes in 1993, it has become common practice for insurers and claims administrators to provide employers with almost unfettered access to information in claims files.

Increasingly, this information has been provided to larger employers and insurance brokers by electronic means, to the point that computer access to information in claims files has become almost routine.

Caught off guard by this amendment in the enacted legislation, many insurers are now scrambling to reprogram computer systems, establish new policies and to train claims personnel on what information can be shared, under what circumstances, and with whom it can be shared.

At the same time, insurers have begun to notify their customers of what changes they can expect in claims service because of the new statute.

Because of differing interpretations of the new statute, many companies are adopting temporary strategies until the dust settles and there is more widespread understanding and consensus on what the statute specifically entails, according to the California Workers' Compensation Institute (CWCI).

CWCI's general counsel is preparing a more complete analysis of the statute, which will be available next week to Institute members and bulletin subscribers on the CWCI Web page at www.cwci.org

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

Sponsored Recommendations

Elevating Safety: Empowering Supervisors to Become Safety Advocates

Aug. 27, 2024
Explore the skills, knowledge and techniques that supervisors need to effectively manage the safety of their crew. This guide will examine the causes and symptoms of supervisory...

Top 10 Causes of Distracted Driving—and What They All Have in Common

Aug. 27, 2024
The results reveal the top ten causes of distracted driving, and make it clear that not all distractions are created equal.

Providing the Best PPE is No Guarantee

Aug. 27, 2024
Advancements in PPE are impressive—better protection, comfort and style. But even if you’ve provided the best PPE, there is no guarantee it will be worn.

6 Qualities That Make a Safety Leader

Aug. 27, 2024
A strong safety culture depends on dedicated leaders. They are the people who spearhead the fight for a safer work environment. A good safety leader isn’t shy about bringing concerns...

Voice your opinion!

To join the conversation, and become an exclusive member of EHS Today, create an account today!