While it is my understanding that the INS does not have the resources to make this a meaningful threat, it must be the client's informed decision to testify and not the attorney's. This waiver extends to communications with psychiatrists or psychologists. The statute further requires that the employee provide the employer with a signed release for medical records. Board form WC-207 has been created to facilitate this. Refusal to sign the release subjects the claimant to an immediate suspension of income benefits.
Some defense attorneys request that their own form be signed.
The employee has no obligation to sign anything other than the Board's form. Some medical providers, however, particularly those providing mental health or AIDS treatment, will not accept this form, requiring instead their own release form. Should the inquiry be for a matter wholly unrelated to the claim, however, a strong argument can be made that the employee has no obligation to sign. The evidence sought need not be admissible at the hearing. There are limits, however.