Der Hautarzt; Zeitschrift für Dermatologie, Venerologie, und verwandte Gebiete
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Neither section 5 of the Statute on Occupational Illnesses nor Lt no. 59 of the "physicians' agreement" stipulates whether a physician should have the right to issue a "green report" or a "dermatologist's report" without the consent of the patient. The decisive regulation for this question is section 100 of the social legislation book (SGB X). In connection with other decisions, this regulation has the following consequences: (1) the consent of the patient is always necessary if the "green report" or the "dermatologist's report" is issued at the request of the treating physician or any other physician, i.e., not at the request of the accident insurance company; (2) if the accident insurance company demands that the "green report" or the "dermatologist's report" be issued, the treating physician does not need the patient's consent. ⋯ As a rule, the physician can assume the consent of the patient. If not, it depends in individual cases on whether consent is not granted expressly or conclusively. The decision then rests with the physician.