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Thompson v. Montana State Fund2/25/2004
DECISION AND ORDER COMPELLING PRODUCTION OF CLAIMS FILES
Respondent, Montana State Fund (State Fund), sought discovery of the files of Liberty Northwest Insurance Corporation (Liberty) for workers' compensation claims filed by the claimant. It issued a subpoena duces tecum for the files. The claimant objected to the discovery but by arrangement with the Court the files were produced and submitted directly to the Court. Petitioner thereafter filed a Motion to Deny the State Fund Access to Medical Findings and Records. The motion is attached to this Order. As can be seen, it is rambling, unfocused, and accusatory in nature.
Discussion
I limit my discussion to the claimant's opposition to the production of Liberty's files since those are the only files the State Fund is seeking at present. The claimant's other arguments appear to be evidentiary objections which should be interposed in accordance with Rule 24.5.317(3) or by way of objection to testimony at trial or deposition. They are not properly before me at this time.
According to the Petition for Hearing, the claim at issue here is for a 1996 low-back injury. The State Fund was at risk at the time of the injury and accepted liability for the claim. At issue are medical benefits the claimant asserts are due him.
In pursuing his claim for compensation , the claimant waives "any privilege or claim of confidentiality in health care information which is relevant to the subject matter involved in his claim." Bowen v. Super Valu Stores, Inc., 229 Mont. 84, 94, 745 P.2d 330, 337 (1987). Moreover, statutes governing workers' compensation claims and the rules of this Court require the claimant to disclose all medical information relevant to his claim.
Section 39-71-604, MCA, specifically requires the claimant to disclose all medical information relevant to his injury and authorizes the insurer to obtain the information. In 1996, when the claimant suffered his State Fund injury, the section provided:
39-71-604. Application for compensation . (1) If a worker is entitled to benefits under this chapter, the worker shall file with the insurer all reasonable information needed by the insurer to determine compensability. It is the duty of the worker's attending physician to lend all necessary assistance in making application for compensation and such proof of other matters as may be required by the rules of the department without charge to the worker. The filing of forms or other documentation by the attending physician does not constitute a claim for compensation.
The section presently provides in relevant part:
39-71-604. Application for compensation -- disclosure and communication without prior notice of health care information. (1) If a worker is entitled to benefits under this chapter, the worker shall file with the insurer all reasonable information needed by the insurer to determine compensability. It is the duty of the worker's attending physician to lend all necessary assistance in making application for compensation and proof of other matters that may be required by the rules of the department without charge to the worker. The filing of forms or other documentation by the attending physician does not constitute a claim for compensation.
(2) A signed claim for workers' compensation or occupational disease benefits authorizes disclosure to the workers' compensation insurer, as defined in 39-71-116, or to the agent of a workers' compensation insurer by the health care provider. The disclosure authorized by this subsection authorizes the physician or other health care provider to disclose or release only information relevant to the
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