Discovery: Records of Psychological Treatment
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Fjelstad v. Fireman's Fund [11/3/99] 1999 MTWCC 69 Claimant ordered to produce medical records regarding psychological treatment because they are under his control. If he does not produce them, he is barred from raising any issue of mental capacity to enter into settlement agreement. |
Tuma
v. Connecticut Indemnity Co. [10/16/96] 1996 MTWCC 66 Claimant
ordered to produce medical records related to treatment for alcoholism
and/or drug addiction where he claimed the records were privileged, but
did not argue they were not possibly relevant to litigation of his claim.
Although section 53-24-206, MCA, relates to confidentiality of such records,
"[a] claimant for Workers' Compensation benefits waives any privilege
of confidentiality in health care information which is relevant to the
subject matter involved in his claim." Bowen
v. Super Value Stores, 229
Mont. 84, 94, 745 P.2d 330, 337 (1987). |
EBI/Orion Group v. Blythe [06/01/95] 1995 MTWCC 40 Where military records contain psychiatric note made after psychiatric examination, along with medical histories containing claimant’s responses to various questions, and where affidavit of Ph.D. psychologist indicates that histories in the military records would be relevant to determining changes in claimant’s status and accuracy of information he presently provides, the records should be produced in case where claimant alleges mental disability flowing from work accident. |