Discovery: Privileges: Medical Information

Overholt v. Liberty Northwest Insurance [02/26/13] 2013 MTWCC 5 Discovery is very broad.  Medical records relating to Petitioner’s industrial injury and any previous relevant medical records are discoverable, even though Respondent denied liability on non-medical grounds.

American Home Assurance v. Mary Bry [2/27/04] 2004 MTWCC 18 In pursuing a workers' compensation claim, the claimant waives any right to confidentiality regarding medical records which are relevant to her claim or which may lead to discoverable evidence regarding the issues raised by her claim.

Thompson v. State Fund [2/25/04] 2004 MTWCC 14 In pursuing a workers' compensation claim, the claimant waives any right to confidentiality regarding medical records which are relevant to his claim or which may lead to discoverable evidence regarding the issues raised by his claim.