Matt Covington of Cranfill Sumner & Hartzog LLP writes:
What privacy rights is a Plaintiff afforded for the medical information related to a workers’ compensation claim?
Mastanduno v. Nat’l Freight Industries
The opinion arose from an interlocutory appeal by the plaintiff regarding his privacy interests in personal medical information in Industrial Commission records and decisions. The plaintiff was a truck driver who slipped and fell while moving a pallet while working for the employer. The claim was accepted, but several years later the defendants filed a request for hearing contending the plaintiff was no longer disabled. Prior to the evidentiary hearing the plaintiff moved that all information regarding the hearing be sealed so that it not be a part of the public record. Industrial Commission Opinion and Awards are publicly accessible online and contain histories of medical treatment related to injuries. The plaintiff wished to have his personal information sealed from the searchable database. The deputy commissioner and Full Commission denied the motion and the plaintiff appealed to the Court of Appeals.
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