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MEDICAL TREATMENT- PATIENT/PHYSICIAN PRIVILEGE

In State of Missouri ex rel Jimmy Maloney d/b/a Maloney’s Heating and Air Conditioning v Nelson Allen, 26 S.W.3d 244, (Mo.App. W.D. 2000), a psychiatrist tried to avoid testimony upon the basis of the physician/patient privilege, Section 491.060(5), but the court held that the filing of the Workers’ Compensation claim modifies the privilege, waiving it as to injuries (including psychiatric injuries) which are plead and for which the employee is seeking compensation.

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