Home/Case Law/DWAYNE BAHNSEN vs. FCI CONSTRUCTORS, INC., ARGONAUT INSURANCE
Regular Decision

DWAYNE BAHNSEN vs. FCI CONSTRUCTORS, INC., ARGONAUT INSURANCE

Filed: May 09, 2008
SAC 0282406

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the judge's order quashing a subpoena for personnel records was an interlocutory order, not a final determination of rights or liability. Furthermore, the Board denied the defendant's request for removal, finding no evidence of substantial prejudice or irreparable harm that would justify this extraordinary remedy. The Board agreed that the subpoena for confidential employment records was not a reasonable discovery request and that the defendant failed to demonstrate a compelling need or inability to obtain the information through less intrusive means.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the judge's order quashing a subpoena for personnel records was an interlocutory order, not a final determination of rights or liability. Furthermore, the Board denied the defendant's request for removal, finding no evidence of substantial prejudice or irreparable harm that would justify this extraordinary remedy. The Board agreed that the subpoena for confidential employment records was not a reasonable discovery request and that the defendant failed to demonstrate a compelling need or inability to obtain the information through less intrusive means.

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