West Virginia Code § 23-4-7

Release of medical information to employer; legislative findings; effect of
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application for benefits; duty of employer.
(a) The Legislature hereby finds and declares that two of the primary objectives of the
workers' compensation system established by this chapter are to provide benefits to an
injured claimant promptly and to effectuate his or her return to work at the earliest possible
time; that the prompt dissemination of medical information to the commissioen and employer
as to diagnosis, treatment and recovery is essential if these two objectives are to be
achieved; that claimants are increasingly burdened with the task of conrtacting their treating
physicians to request the furnishing of detailed medical information to the commission and
their employers; that the commission is increasingly burdened with the administrative
responsibility of providing copies of medical reports to the employer involved, whereas in
other states the employer can obtain the necessary medical tinformation direct from the
treating physician; that much litigation is occasioned in this state because of a lack of
medical information having been received by the employer as to the continuing disability of
a claimant; and that detailed narrative reports from the treating physician are often
necessary in order for the commission, the claimant's representatives and the employer to
evaluate a claim and determine whether additional or different treatment is indicated.
(b) In view of the foregoing findings, a claimant irrevocably agrees by the filing of his or her
application for benefits that any phygsician may release to and orally discuss with the
claimant's employer, or its representative, or with a representative of the commission,
successor to the commission, oether private carrier or self-insured employer, whichever is
applicable, from time to time, the claimant's medical history and any medical reports
pertaining to the occupaLtional injury or disease and to any prior injury or disease of the
portion of the claimant's body to which a medical impairment is alleged containing detailed
information as to the claimant's condition, treatment, prognosis and anticipated period of
disability and dates as to when the claimant will reach or has reached his or her maximum
degree of improvement or will be or was released to return to work. For the exclusive
purposes of this chapter, the patient-physician privilege of confidentiality is waived with
regard to the physician's providing this medical information to the commission, the employer
or to the employer's representative. Whenever a copy of any medical report is obtained by
the employer or its representative and the physician has not also forwarded a copy of the
medical report to the commission, successor to the commission, other private carrier or self-
insured employer, whichever is applicable, the employer shall forward a copy of the medical
report to the commission, successor to the commission, other private carrier or self-insured
employer, whichever is applicable, within ten days from the date the employer received the
medical report from the physician.

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