Cases

Claim made for a psychiatric/psychological evaluation and inpatient treatment for his addiction to prescription narcotics. Claimant was deposed and denied having been diagnosed with a prior addiction problem or having previously been a regular user of narcotics. Claim defended by employer/carrier alleging that the claimant lied about having had prior drug problem and attempted to introduce patient records from a drug and alcohol treatment center concerning the claimant indicating that he had received treatment for a long term addiction to narcotics.

In response to the attempt to introduce the drug treatment records, the claimant asserted that the records were privileged under federal law. 42 USC Section 290 dd-2 restricts the disclosure of information relating to the identity, diagnosis, and treatment of a patient in a federally assisted drug or alcohol abuse program. Court determined that judge did not err in concluding that there was good cause for the disclosure of the claimant’s treatment records and therefore, there was no confidentiality of the records in question. Additionally, by denying prior drug use or treatment for a narcotics addiction, the claimant placed himself within an exception to the confidentiality of these records because he offered testimony pertaining to the content of the confidential communications he sought to protect.