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Documents from Personnel File

ataincatainc 37 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have a Worker's Comp claim that may go to trial and I need to know what documents from the personnel file I am allowed to turn over to our attorney. This is my first so I am leary of turning too much info over. Thanks for the help.
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  • Don DDon D 9,834 Posts
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    If it is the Company's attorney, he/she should see any and everything in any file you have, including medical. It is to your benefit to have your attorney fully versed in all there is to know about your employee. The attorney is representing the company. If however, the attorney works for your comp carrier or some remote office affiliated with your policy, guard the file. He should have access only to that which your company attorney says he should access. Don't turn a file over to a distantly affiliated attorney; he is not working for your company.

    One other piece of advice. Years ago when I first started attending comp hearings as a state employee and I would take a file with me, one attorney or the other asked several times to 'let me take a look at what you have there' and the Mississippi Workers' Comp Commission Hearing Officer required that I hand them the whole file. I learned slowly but did learn not to take a file into another hearing.
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  • ataincatainc 37 Posts
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    Don,

    Thanks. The info was very helpful.
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