What are my rights if I injured my back at work and have been off work for 9 months while being treated for pain and herniated discs in my back?

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What are my rights if I injured my back at work and have been off work for 9 months while being treated for pain and herniated discs in my back?

Without the advice of my doctor, I obtained a prescription for medical marijuana and used it for instances of severe pain. I recently changed doctors and provided a urine sample; I also disclosed to the doctor that I used marijuana. I am a licensed nurse and wonder if this information will get back to my employer (state entity in a prison) or to the nursing board, or does my doctor have to protect this information under HIPAA laws? I was not using marijuana while working and I have discontinued using now that my medications have been adjusted.

Asked on April 16, 2014 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

From what you have written you have worker's compensation benefits sinne you were injured at work. As to your use of marijuana, what you told your physician is treated confidential under the doctor patioent privilege. Your employer should have no knowledge of your use of marijuana due to the privilege as stated.


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