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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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