
Associated Press - Friday, December 6, 2002
The Kentucky Court of Appeals said it was a mistake for the trial court to summarily dismiss Steven G. Barnett's invasion-of-privacy lawsuit against Dr. Julio Melo, an infectious disease specialist.
Barnett, who worked at a Louisville veterinary clinic, was HIV-positive when he developed a severe infection from a cat bite. Because Barnett had filed a workers' compensation claim, Melo sent his bill to Barnett's employer.
Notes attached to the bill revealed that Barnett was HIV-positive and that he had once been treated for colon cancer.
Soon afterward, the atmosphere in Barnett's workplace became tense and he left the job, the ruling said.
State law requires HIV test results to be kept confidential, with exceptions that do not include employers.
Melo said the workers' compensation law required him to attach his treatment notes to his bill, but the appeals court said he could have omitted the reference to HIV, the human immunodeficiency virus, which can lead to AIDS.
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