# Employee medical information disclosure



## Shaun Bowler (Mar 16, 2012)

An employee is off work for a WC injury. Shoulder Surgery.
The injured employee stays in contact with his employer regarding status/recovery information. 
The employer decides to share that (medical) information with a subordinate of the WC Shoulder Surgery Guy.
That subordinate then emails the rest of the company with his interpretation of the medical information the Owner/Manager shared.
Stating derogatory disinformation, that is only negative. 
What do you think about that?


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## Sagetown (Mar 16, 2012)

Shaun Bowler said:


> An employee is off work for a WC injury. Shoulder Surgery.
> The injured employee stays in contact with his employer regarding status/recovery information.
> The employer decides to share that (medical) information with a subordinate of the WC Shoulder Surgery Guy.
> That subordinate then emails the rest of the company with his interpretation of the medical information the Owner/Manager shared.
> ...



My sympathy for the injured employee. Injuries to employees are not beneficial to employers, and they will try to encourage the employee to quit their job or find an excuse to fire them. We had a young man who went through shoulder surgery (bone spur) as a result of strenuous unordinarly work. During his long recovery, they tried to fire him by pressuring his immediate boss, but that young man had been a very loyal and dilligent employee up until that eventful day when his are dropped like a rag. If your acquaintance doesn't have any pull for higher ups, he's probably out the door.


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## jefflovstrom (Mar 17, 2012)

Sounds like someone is in trouble.
A local company here has two employees that got hurt pretty bad on the job and they want to get fired but the owner won't fire them. They don't have to do anything, he would rather keep them on payroll than pay disability. I quess they can't get it if they are employed or if they quit.
Jeff


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## Shaun Bowler (Mar 17, 2012)

Thanks for the replies. 
However, my question was, what do you do with a manager who knowingly gives Employee Personal Medical Information to a subordinate(of the injured employee) and that subordinate sends email to "company wide" interpreting that information & prognosis; as well as stating that the Manager let him read this email.
What Next?


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## jefflovstrom (Mar 17, 2012)

A Lawyer.
Jeff


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## Shaun Bowler (Mar 17, 2012)

I hear ya..
Not me.:msp_confused:


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## pdqdl (Mar 18, 2012)

It's pretty much against the rules to release medical info unless you have a signed release by the patient. I see _huge_ liability on the employer. The employer better keep that guy hired until long after he has a chance to sue for damages.


The best way to prevent a suit for damages is to not cause any.


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## pdqdl (Mar 18, 2012)

Shaun Bowler said:


> Thanks for the replies.
> However, my question was, what do you do with a manager who knowingly gives Employee Personal Medical Information to a subordinate(of the injured employee) and that subordinate sends email to "company wide" interpreting that information & prognosis; as well as stating that the Manager let him read this email.
> What Next?



Termination. Deny unemployment, as employee was fired fired for willful misconduct (hopefully in violation of a written company policy).

Keep the patient employed on limited duty, as released to do by a written doctor's excuse.

At that point, maybe a lawsuit will be aimed at the ex-manager, rather than the employer. _I wouldn't bet on it though. No deep pockets._


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## greendohn (Mar 18, 2012)

*HIPPA(Health Information Privacy and Portability Act)*

Violations of HIPPA are a FELONY.

I'm no Legalized Thief, ie, Lawyer, but the edicts of HIPPA are FEDERAL guidelines meant to protect a pt.s' health info.


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