Breach of privacy and medical records for work accommodation

Hi,
I have been away from work on leave of absent due to work place harassment and mistreatments and my STD claim was declined by Oncidium. Now Oncidium is not a insurance company, they are a third party “health management” that does leave management. Both my physicians have cleared me for gradual return to work any mentioned that I am able to fulfill my duties with accommodation . My psychologist have written a medical report asking for accommodation of reduced hours and quieter office space. However Oncidium is asking me to sign a release form for my doctors to disclose my entire medical reports. Including diagnosis, prognosis, medication, symptoms etc. Both my doctors have advised me against signing the release form and neither of them are willing to disclose more than what they have said on the physicians report. I’ve done extensive research and both my doctors are correct in saying this is illegal to ask for so many intrusive medical information and it is the breach of medical and privacy rights to ask for all my medical record just because we have ask for reasonable accommodation for me to return to work. Just to be clear I don’t receive any payments or benefits from any insurance companies or my employer while I was away on medical leave. My employer and Oncidium are so keen to get their hands on my medical records for some reason and their reasoning behind it is that they need to substantiate my reasons for being away from work. While I was away both my doctors completed countless medical reports and doctors note which was given to both my employer and Oncidium. Has anyone else had to deal with something similar? All I know is that I’m not signing anything for them.

Thanks everyone.

You were on unpaid leave of absence from work?
Oncidium wants your medical records because you asked for accommodation?
You don’t have an approved claim and I don’t know how that affects a return to work.
Maybe they want your medical records so they can approve your claim and then approve a return to work.

Thanks for your reply. That’s right, I have been away on unpaid leave. They made it clear when I started my leave that because my anxiety and depression was caused at work then I would not be covered. They are saying they need to substantiate the time I was away and make a decision if I need accommodation at all. They have tried calling my psychologist without my consent as well. They are saying because they declined my STD then my leave is unsupported despite all the medical notes and reports my doctors provided. They are very adamant that they make the decision to approve if I’m sick and not my doctors.

That is their right.
Even if you give them your complete medical records, it still might not be enough.
It is to your benefit to give them all the medical records and if they still deny your claim then get a disability lawyer OR you could go straight to getting a disability lawyer.
I would get the free consult from Resolute:

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Generally speaking, people with disability claims have a reduced expectation of privacy than someone in the general public, however, employers or their agents are never allowed unfettered access to personal medical information. The rule is that they should always seek the minimum information necessary for them to make a decision – this is normally does not include things like diagnosis, etc. Generally speaking I advise against signing the broadly worded release forms like you are describing – however, you do have to show you cooperate in giving reasonable information, so you always want to suggest a less intrusive alternative for them, even if they end up refusing.


David Brannen

Disability Lawyer with Resolute Legal

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Went through it all.

They want all your information so they can use it against you, later.

If you want accommodation and they are playing hardball like that, a lawyer may be an option if it is financially sound. Good idea if you wish to go for LTD, even partial.

With accommodation I would suggest a Human Rights complaint, this is my route at this time.

I am still fighting for STD and LTD.

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