Monast Law Office - June 2019

Releasing Your Medical Records to the BWC AN INTRUSION OF PRIVACY OR A NECESSARY STEP?

If you feel your medical history is private and your employer has no business asking about it, you’d be right.

nothing to hide, there’s no reason not to sign this authorization.

However, when you file a workers’compensation claim, the Ohio Bureau of Workers’ Compensation (BWC) may request your medical records. If you want your claim to be approved, you must comply. Your privacy is still important, but you may need a lawyer’s help to protect it. Why the BWC NeedsYour Records Because you’re filing a claim seeking benefits for a work-related illness or injury, the BWC requires proof that your injury or illness is work- related. Your recent medical records show the BWC you saw a doctor; had medical testing, like X-rays or MRIs; and were diagnosed with a specific injury or illness. The BWC also looks at your records to see if you have any pre-existing condition that may explain your health issue, or to find evidence of any previous treatment for your symptoms or condition. Either finding may suggest this was not a workplace injury.

While the BWC is only permitted to access information“related causally or historically to physical or mental injuries relevant to [your] workers’compensation,”

the information accessed can include past records. For example, if you have a history of back problems documented in your medical records, the BWC could use this information to deny a claim for a new back injury suffered at work. At the very least, you’ll have some ‘splainin’to do, Lucy. How an Attorney Can Help No one should be digging through your medical records for reasons to deny a legitimate claim, but once you sign the BWC authorization, you may not be able to stop them. If you’re worried about what’s in your medical history, call JimMonast at 614-515-2595 before signing an authorization. We can talk about whether you have a claim for compensation given your medical history, and your options going forward.

ShouldYou ReleaseYour Records? To file a successful claim, you have no choice but to sign the BWC’s authorization to release medical information. Generally, if you have

SUDOKU

NIBBLES WITH NUG

BLT DOGS

Is a hot dog a sandwich or not?We’re not here toweigh in on the ever-contentious debate, but when you combine a hot dogwith a BLT, it definitely becomesmore sandwich-like—andwaymore delicious.

INGREDIENTS

• •

4 strips bacon

• • • •

1 tbsp mayonnaise

4 hot dogs (ideally Boar’s Head Beef Frankfurters, but any all-beef variety will do)

1 head romaine lettuce, shredded 1 large tomato, seeded and diced

Salt and pepper, to taste

4 hot dog buns

DIRECTIONS

1. Heat a skillet to medium and fry bacon until rendered and crisp. Transfer to a paper towel to drain. 2. Fry hot dogs in bacon drippings, creating a crust and cooking until warmed through. 3. Using a dry skillet or oven, toast buns. 4. Spread mayonnaise on buns, place hot dog and bacon inside, and top with tomatoes and lettuce. Serve.

Inspired by FoodNetwork.com

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614-334-4649

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