CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding a WCJ's order limiting discovery of medical records to the applicant's musculoskeletal system. The defendant argued this limitation denied due process and prejudiced their defense, but the Board found that the applicant only waives physician-patient privilege for conditions put in issue by the claim. Discovery beyond the claimed injury must be demonstrably relevant and justified by specific information, which the defendant failed to establish. The Board concluded the WCJ's order appropriately balanced the applicant's privacy with the defendant's discovery needs.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding a WCJ's order limiting discovery of medical records to the applicant's musculoskeletal system. The defendant argued this limitation denied due process and prejudiced their defense, but the Board found that the applicant only waives physician-patient privilege for conditions put in issue by the claim. Discovery beyond the claimed injury must be demonstrably relevant and justified by specific information, which the defendant failed to establish. The Board concluded the WCJ's order appropriately balanced the applicant's privacy with the defendant's discovery needs.
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