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  1. #1

    Default Can You Record a Medical Examination for Workers Comp

    My question involves workers compensation law for the state of: IL

    Asking a question for my brother who has an injury from work that's left him unable to work.

    He worked as a dishwasher and was carrying a bunch of dishes when he slipped and fell, and cut his hand in the process. It was a really bad cut that resulted in what appears to be nerve damage. He's still under a doctor's care and is going to physical therapy but doesn't appear to be getting better. He's getting Worker's Compensation right now, but now his employer (now a former employer) wants him to have an independent examination with a doctor of their choice. With the medical costs no doubt being in the hundreds of thousands of dollars at this point, I could see how the employer's insurance would have incentive to deny the Worker's Comp. claim.

    The lawyer my brother is working with has advised my brother not to answer any legal or medical questions and not to exaggerate, but simply tell the truth without offering any extra information. It sounds to me like it's no different than being questioned by the police or a prosecuting attorney in court, but without an attorney of your own to protect you. I originally advised my brother to turn on a voice recorder app on his phone to record what happens and what is asked, but now I've discovered that it may be illegal to do that. I've had a Worker's Comp. experience where I was called on the phone by a Worker's Comp. representative and they asked me all kinds of irrelevant information, such as about distant relatives and their medical history. My uncle told me about a similar experience. He said he got mad at them for it, and then they denied his claim, saying he was uncooperative. A recording of what was being asked would have come in handy. With a claim as large as my brother's, they would have a real incentive to try to get out of honoring it.

    I've heard that my brother can have someone accompany him and take notes, but notes don't prove anything. Anyone can write down a note of what was said, and it doesn't prove that it's true. An audio recording would seem to be more solid as evidence. Is it really illegal?

  2. #2
    Join Date
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    Default Re: Legal to Record Independent Medical Exam for Worker's Comp?

    Quote Quoting Novicelegal
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    I've heard that my brother can have someone accompany him and take notes, but notes don't prove anything. Anyone can write down a note of what was said, and it doesn't prove that it's true. An audio recording would seem to be more solid as evidence. Is it really illegal?
    It appears that in Illinois it is a crime to make a recording of any private conversation without the consent of ALL parties to the conversation. He may make the recording if he has the consent of everyone else participating, but he cannot secretly record that conversation with the WC rep.

  3. #3

    Default Re: Legal to Record Independent Medical Exam for Worker's Comp?

    Quote Quoting Taxing Matters
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    It appears that in Illinois it is a crime to make a recording of any private conversation without the consent of ALL parties to the conversation. He may make the recording if he has the consent of everyone else participating, but he cannot secretly record that conversation with the WC rep.
    I see. I assume that would apply to the medical examiner as well.
    If the examiner tells my brother that he's going to record it and asks for consent, then I suppose my brother could take out his phone and ask to do the same. Then they would both either have or not have a recording. Barring that, both sides would only have their word for what was asked.

  4. #4
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    Default Re: Legal to Record Independent Medical Exam for Worker's Comp?

    Yes it applies to both sides.

  5. #5

    Default Re: Legal to Record Independent Medical Exam for Worker's Comp?

    Quote Quoting PayrolGuy
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    Yes it applies to both sides.
    Then if the examiner asks for my brother's permission to record what happens, would it be good for my brother to give permission as long as he gets permission from the examiner to make a recording of his own?

  6. #6
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    Default Re: Legal to Record Independent Medical Exam for Worker's Comp?

    If he doesn't provide permission to record the examiner will likely terminate the call and your brother may well be considered to be non-compliant and have his claim closed.

    Your brother has a lawyer. He should be asking the lawyer these questions and not having you do it.

  7. #7

    Default Re: Legal to Record Independent Medical Exam for Worker's Comp?

    Quote Quoting PayrolGuy
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    If he doesn't provide permission to record the examiner will likely terminate the call and your brother may well be considered to be non-compliant and have his claim closed.
    The interview and exam will be done in person as far as I know.


    Quote Quoting PayrolGuy
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    Your brother has a lawyer. He should be asking the lawyer these questions and not having you do it.
    He got a letter from his lawyer telling him some things and was concerned about it. He didn't have me come here to ask, but he's not experienced with posting on forums like this. I thought it would be good to get answers from multiple sources.

    The first thing that I thought of when he told me about it was that he should either have someone with him, or at least have a recording of what happens. I've been in a similar situation where I was questioned and then the interviewer totally lied about what I had said. It occurred to me right away that a recording of it would have proven that I had been lied about. But if that's not legal in IL without permission, then I guess that's not an option unless he asks first.

  8. #8
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    Default Re: Legal to Record Independent Medical Exam for Worker's Comp?

    Same holds for an in person exam or interview.

    If there are things he is concerned about in a letter from his lawyer he should contact his lawyer.

  9. #9

    Default Re: Legal to Record Independent Medical Exam for Worker's Comp?

    Quote Quoting PayrolGuy
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    Same holds for an in person exam or interview.

    If there are things he is concerned about in a letter from his lawyer he should contact his lawyer.
    That reminds me of another concern he has. His lawyer advised him not to sign any papers. But if my brother declines to sign papers, could that be considered by the examiner to be that my brother was "uncooperative" and then use that against him? I suggested in an email to him that he say something like, "My lawyer told me not to sign any papers". Then maybe have the examiner make a copy of the papers to be signed and then send them to his lawyer to determine whether they're legit or not.

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