HIV in WC (California) (California) (California) (California

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HIV in WC (California) (California) (California) (California

Postby appliedpsych on Mon Jul 08, 2019 10:36 pm

Can an applicant attorney direct that an applicants HIV status NOT be revealed to a QME evaluator or neuropsych consultant when the allegation is for neuropsychological problems such as memory problems?

HIV status can be implicated in such problems, despite any other injury factors, and not revealing it could greatly interfere with proper apportionment.
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Re: HIV in WC (California) (California) (California) (California

Postby LawAdvocate on Tue Jul 09, 2019 8:28 am

No. Because that would result in a false and inaccurate medical history leading to flaws in medical logic. We have ways in both the claims organization and the WCAB to designate files as "John/Jane Doe" to protect the individual privacy as to the HIV diagnoses. The QME reporting then does not constitute substantial evidence and is not payable by the carrier. The attorney is breaching his ethical obligations if he/she did give such a direction. I would bet dollars to donuts the carrier already knows and will use this to get the QME reporting tossed.

There are also HIV medications that interfere with cognitive issues, as I am sure you are well aware.
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