Gillan v. Government Employees Insurance Co.

**What Happened** Lisa Gillan sued her employer's insurance company, GEICO, over how they handled her workers' compensation claim. The dispute centered on whether GEICO needed her permission when they had a doctor review her medical records to evaluate her claim. Gillan argued that having a physician examine her records without her consent violated Hawaii law, which requires employee permission for certain types of medical examinations. **What the Court Decided** The Hawaii Supreme Court ruled in favor of GEICO. The court determined that when a doctor simply reviews existing medical records without physically examining the employee, this does not count as an "independent medical examination" under Hawaii law. Since it wasn't technically an independent medical exam, GEICO didn't need to get Gillan's consent first. **Why This Matters for Workers** This ruling clarifies that insurance companies can have doctors review your medical records during workers' compensation claims without asking your permission first. However, if the insurance company wants to require you to see a doctor for an actual physical examination, they still need your consent under Hawaii law. Workers should understand that record reviews and physical exams are treated differently in the claims process.