§23-4-7. Release of medical information to employer; legislative findings; effect of application for benefits; duty of employer.

(a) The Legislature hereby finds and declares that two of the primary objectives of the workers’ compensation system established by this chapter are to provide benefits to an injured claimant promptly and to effectuate his or her return to work at the earliest possible time; and that the prompt dissemination of medical information to the employer as to diagnosis, treatment, and recovery is essential if these two objectives are to be achieved.

(b) In view of the foregoing findings, a claimant irrevocably agrees by the filing of his or her application for benefits that any physician may release to and orally discuss with the claimant’s employer, or its representative, or with a representative of the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, from time to time, the claimant’s medical history and any medical reports pertaining to the occupational injury or disease and to any prior injury or disease of the portion of the claimant’s body to which a medical impairment is alleged containing detailed information as to the claimant’s condition, treatment, prognosis, and anticipated period of disability and dates as to when the claimant will reach or has reached his or her maximum degree of improvement or will be or was released to return to work. For the exclusive purposes of this chapter, the patient-physician privilege of confidentiality is waived with regard to the physician’s provision of this medical information pursuant to this section. Whenever a copy of any medical report is obtained by the employer or its representative and the physician has not also forwarded a copy of the medical report to the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, the employer shall forward a copy of the medical report to the Insurance Commissioner, private carrier, or self-insured employer within 10 days from the date the employer received the medical report from the physician.