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304.39-280 Disclosure of facts about injured person.
(1)
(2)
(3)
Upon request of a basic or added reparation claimant or reparation obligor,
information relevant to a claim for basic or added reparation benefits shall be
disclosed as follows:
(a) An employer shall furnish a statement of the work record and earnings of an
employee upon whose injury the claim is based. The statement shall cover the
period specified by the claimant or reparation obligor making the request and
may include a reasonable period before, and the entire period after, the injury.
(b) The claimant shall deliver to the reparation obligor a copy of every written
report, previously or thereafter made, relevant to the claim, and available to
him, concerning any medical treatment or examination of a person upon
whose injury the claim is based and the names and addresses of physicians
and medical care facilities rendering diagnoses or treatment in regard to the
injury or to a relevant past injury, and the claimant shall authorize the
reparation obligor to inspect and copy relevant records of physicians and of
hospitals, clinics, and other medical facilities.
(c) A physician or hospital, clinic, or other medical facility furnishing
examinations, services, or accommodations to an injured person in connection
with a condition alleged to be connected with an injury upon which a claim is
based, upon authorization of the claimant, shall furnish a written report of the
history, condition, diagnoses, medical tests, treatment, and dates and cost of
treatment of the injured person, and permit inspection and copying of all
records and reports as to the history, condition, treatment, and dates and cost
of treatment.
Any person other than the claimant providing information under this section may
charge the person requesting the information for the reasonable cost of providing it.
In case of dispute as to the right of a claimant or reparation obligor to discover
information required to be disclosed, the claimant or reparation obligor may petition
the Circuit Court in the county in which the claimant resides for an order for
discovery including the right to take written or oral depositions. Upon notice to all
persons having an interest, the order may be made for good cause shown. It shall
specify the time, place, manner, conditions, and scope of the discovery. To protect
against annoyance, embarrassment, or oppression, the court may enter an order
refusing discovery or specifying conditions of discovery and directing payment of
costs and expenses of the proceeding, including reasonable attorney's fees.
Effective: July 1, 1975
History: Created 1974 Ky. Acts ch. 385, sec. 28, effective July 1, 1975.
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