Section Newsletter Articles on Medical Records
How to obtain medical records in light of Holtkamp v. Clayton
Workers' Compensation Law
, September 2010
The appellate court in Holtkamp Trucking Co. v. David J. Fletcher, M.D., L.L.C., d/b/a Safeworks Illinois found that the paper that the medical records are on and the ink that is used to create the medical records are the property of the medical provider. To command the medical provider to mail medical records to the injured worker would be a confiscation of the medical provider’s property.