Coca-Cola wins court ruling for access to employee's medical records in injury lawsuit
Coca-Cola wins court order for access to employee's medical records in injury claim.
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The Limpopo High Court in Polokwane has sided with Coca-Cola Beverages South Africa, mandating that employee Khuthadzo Witness Daswa provide access to his medical records related to his workplace injury claim.
Judge Karin Leanne Pillay said that the records are crucial for Coca-Cola to effectively assess and defend against Daswa’s damages claim stemming from an alleged injury sustained in April 2020.
The court found that the records were necessary for the company to properly assess and defend itself against Daswa’s damages claim.
Daswa had instituted a civil claim against Coca-Cola for injuries allegedly sustained while on duty at the company’s premises, seeking compensation for past and future medical expenses as well as general damages.
Coca-Cola argued that although Daswa had submitted certain expert reports, including scans and final medical assessments, these did not provide sufficient detail regarding his treatment history, future medical care plans, or the full basis for the substantial damages he claimed.
The company maintained that without access to the complete medical records, its own medical experts could not properly evaluate the extent of Daswa’s injuries or advise whether Coca-Cola should continue defending the matter or seek settlement. Coca-Cola first attempted to secure the records directly from medical institutions, including Life Health Solutions, but was informed that Daswa’s consent or a court subpoena was required.
Despite repeated written requests from Coca-Cola in May 2024, Daswa refused to sign the consent forms. He argued that the request was legally baseless, violated his constitutional right to privacy, and amounted to a “fishing expedition.”
Daswa also argued that the parties had already signed binding pre-trial minutes, and that Coca-Cola’s request fell outside the agreed litigation framework. He maintained that forcing him to disclose confidential medical records against his will would infringe protections under the National Health Act, the Promotion of Access to Information Act, and the Protection of Personal Information Act.
In analysing the dispute, the court emphasised the constitutional right to privacy and the protection of medical information, however, the judge said the court must balance privacy against the right to a fair trial.
Judge Pillay found that the medical records were central to the damages claim and necessary for the employer to prepare its defence. The court concluded that Daswa's refusal to provide consent conflicted with the requirements of fair trial proceedings and was unwarranted.
"This court considered the merits of this claim and found that the respondent's (Daswa) submissions and right to claim privilege in respect of the relevant medical records conflicted with fair trial proceedings...These medical records were relevant and necessary to the applicant's (Coca-Cola) defence and as such the refusal by the respondent to sign the consent form was unwarranted and prejudicial to the applicant," said judge Pillay.
The court granted the application and ordered Daswa to sign the consent form so the company can obtain the medical records relating to the injury sustained on in April 2020.
He was also ordered to pay the costs of the application.