CompFox AI Summary
The California Insurance Guarantee Association (CIGA) sought to compel the production of documents from Recovery Resources, Inc. to determine if a lien assigned by St. Francis Memorial Hospital to Recovery was a covered claim under Insurance Code § 1063.1(c)(9)(B). The Workers' Compensation Judge (WCJ) previously quashed a subpoena duces tecum (SDT) seeking these documents, citing privilege and overbreadth. The Appeals Board granted CIGA's Petition for Removal, rescinded the order quashing the subpoena, and returned the matter to the trial level. The Board ruled that CIGA has the right to discover evidence of the contractual relationship to prove a legal assignment, but must avoid privileged material and burdensome requests.
Full Decision Text1 Pages
The California Insurance Guarantee Association (CIGA) sought to compel the production of documents from Recovery Resources, Inc. to determine if a lien assigned by St. Francis Memorial Hospital to Recovery was a covered claim under Insurance Code § 1063.1(c)(9)(B). The Workers' Compensation Judge (WCJ) previously quashed a subpoena duces tecum (SDT) seeking these documents, citing privilege and overbreadth. The Appeals Board granted CIGA's Petition for Removal, rescinded the order quashing the subpoena, and returned the matter to the trial level. The Board ruled that CIGA has the right to discover evidence of the contractual relationship to prove a legal assignment, but must avoid privileged material and burdensome requests.
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