Title 34, Chapter 9, Section 207
( 34-9-207)
(a) When an employee has submitted a claim for workers' compensation
benefits or is receiving payment of weekly income benefits or the
employer has paid any medical expenses, that employee shall be
deemed to have waived any privilege or confidentiality concerning
any communications related to the claim or history or treatment of
injury arising from the incident that the employee has had with any
physician, including, but not limited to, communications with
psychiatrists or psychologists. Notwithstanding any other provision
of law to the contrary, when requested by the employer any physician
who has examined, treated, or tested the employee or consulted about
the employee shall provide within a reasonable time and for a
reasonable charge all information and records related to the
examination, treatment, testing, or consultation concerning the
employee. (b) When an employee has submitted a claim for workers' compensation
benefits or is receiving payment of weekly income benefits or the
employer has paid any medical expenses, the employee shall provide
the employer with a signed release for medical records and
information related to the claim or history or treatment of injury
arising from the incident, including information related to the
treatment for any mental condition or drug or alcohol abuse. Said
release shall designate the provider and shall state that it will
expire on the date of the hearing. If the employee refuses to
provide a signed release for medical information as required by this
subsection, any weekly income benefits being received by the
employee shall be suspended and no hearing shall be scheduled at the
request of the employee until such signed release is provided. |