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From my previous experience, consulted the employee to enquire about on-going consent especially if the previous consent form does not explicitly say that ongoing consent given. With regards to court requirement to produce information,you have not been directly requested to do so and no duty therefore. The solicitor can contact the court to write to you should they wish in which case you have to comply if it is for public best interest/safetey. Otherwise client written consent needed to disclose info.
Thelma
******************************** Please remove this footer before replying.As you have already sent the information to that date of consent I believe you are covered to send again as it is only duplication (presuming to same person sent first time). If it was for any new information than the consent doesn’t apply.
As far as request of court I would check with your legal team at the employers side of things.
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of kay baxter
Sent: 09 June 2014 08:16
To: [log in to unmask]
Subject: [OCC-HEALTH] Request for records without consent
I have had a request for OH records for an ongoing claim. These records have previosuly been sent with written consent. They have now been requested to go to the same recipients again and I have been sent the same signed request form which is 2 years old. When I queried this I was told that as the records have been requested by the court no consent is needed. Firstly I haven't been asked to send them to any court and secondly I still think signed contemporaneous consent is required. Is sending them on the request of a court (which I haven't seen) different in some way? I'm reluctant to send them, but don't want to refuse until I know whether I'm right to do so.
Thanks
Kay******************************** Please remove this footer before replying.
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