WC medical questionnaire

Sally · September 2002

I'm going to try [again!] to get an answer from our worker's comp carrier but I'd like to hear from you all as well.
Our previous carrier provided a very comprehensive form--4 pages--that new hires were to fill out providing medical background and indicating whether or not they've ever filed a workers' comp claim. These forms are then placed in a separate file, and kept under lock and key. When reporting an injury there have been a couple of times the previous carrier has asked if we had a completed questionnaire on the employee.
The personnel manager for our union employees finds the form objectionable and I suspect makes her feelings known to new hires, since a few have refused to complete the form. [I then put a memo in their files to the effect they refused to complete it.] I have to agree with her in part that some of the information requested is "none of their business." While I can understand the need to know if for example an employee has epilepsy or has ever suffered a head injury, I can't say I can see the need to know if the person has had cancer or rheumatic fever. But I'm not a doctor so I don't know what bearing those illnesses or medications to treat them could have on someone after they are pronounced cured.
What can you all tell me? Do your carriers require such a form? Is it extremely detailed in what it asks?
Thanks in advance for the feedback!

NaeNae55 · September 2002

I've never worked for an employer who required such a form upon hire. I can understand the carrier wanting more info if a claim is filed, but this seems intrusive. Have you asked the carrier why they need so much info and why they expect you to get it completed upon hire?

Don D · September 2002

I have worked for an employer who had a terribly intrusive two page report that new hires must fill out. I think they were borderline illegal, if not inadvisable. Just last week, based partly on advice provided here in the Forum, I wrote to advise our primary clinic NOT to send us what they call the long form. That's the form that has checked off every ailment the ee's ever had, every injury, everything the doctor learned during the post offer physical. I primarily followed the advice of Steve McElfresh who brought out very well how having it can come back to haunt us. If you're interested, you can find the post by clicking search and enter his name and it'll bring his comments to you. But, I have never heard of a comp carrier requiring such on new hires. I don't know how they could manage that. A more defensible procedure for you would be to have the new hire sign off on releasing the information to you from the place that gives the pre-hire physical, and then get that information at such time as the carrier might want to review it. There's a confidentiality issue that can be overcome by authorization to release. I've always known all their information to surface based on current/post-accident situations that reveal medical records. This is the first I've heard of a carrier 'requiring' a client (you) to complete a form on new hires that reveals their medical history. Very inadvisable, I'd say. Check out Steve's comments on this subject. x:-)

Ginger P · September 2002

I'm in Georgia. We have a "Second Injury Trust Fund" that will reimburse a significant portion of a claim, if it's an injury that has re-occurred or has a relevant pre-existing condition. The kicker is the Employer must prove that they knew about his condition prior to his new injury. In order for the carrier and Employer to prove this, having the employee complete a post-hire medical questionnaire is the best way. Note, it must be post-hire to be compliant with ADA, but you can ask medical questions after they become an employee. I had a work comp case once in Florida where the employee had Diabetes. Because of that, her claim got really bad (lost a leg & a foot), but we were able to file with Florida's Second Injury Trust fund & they took over the medical after $5000 and the lost time after so many weeks. Having this questionnaire can be VERY valuable.

WC medical questionnaire

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