Medical Records: Confidentiality

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.
Kline v. Farmers Ins. Group [1/18/00] 2000 MTWCC 4 Insurers are not prohibited from directly requesting medical information and opinions from claimant's medical providers, but must give notice to claimant or his/her attorney and, in the case of an interview, the opportunity to be present. In the case of written requests for information, a copy of the correspondence is sufficient. See, Linton v. City of Great Falls, 230 Mont. 122, 749 P.2d 55 (1983).
Estate of James Jacques v. Borden, Inc. [4/22/97] 1997 MTWCC 20 Respondent's motion to compel production of medical records of claimant's twin sister, to support an argument claimant suffered from a hereditary, rather than work-related, mental condition, is denied. A party can only be compelled to produce those documents and items which are in his/her possession or under his/her control. That limitation is basic and elementary and needs no citation. A party's medical records are within his or her control. The medical records of third parties are not.
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).

Maas v. Intermountain Claims [10/06/95] 1995 MTWCC 76A Based on conversations with both counsel, WCC grants claimant’s request that her psychological records be introduced as evidence, and used for potential cross-examination of witnesses, but be ordered confidential and returned to her counsel following trial unless the Court deems their inclusion in the Court file necessary.