Legal Question in Workers Comp in California
I have future medical on a CA WC case which the insurance company continues to refuse to provide IAW the settlement agreement. My medical provider has email exchanges proving that the insurance company's authorizations are not within the legal time period, and I have seen these emails, but the medical people refuse to give me a copy of the emails claiming they are their private communications. The only way to get copies appears to be using a Subpoena Duces Tecum. I have copies of Subpoenas the insurance company sent out seeking all of my medical records to use as a template, but I have several questions. 1) What are the guidelines for demanding where the subject of the subpoena needs to appear or send the papers? The examples I have command the people to appear before a notary public and another example simply states a business's name (Legal Enterprises). Since I own a small business, can I have them appear at my office or send the papers to our custodian of records or does the receiver of the material need some special qualifications? 2) The subpoenas are stamped with the WCAB seal and are signed by a secretary assistant. Is this the same person whom I would turn in my request for a status conference to? Can I take my subpoenas to the WCAB office and have that receptionist stamp and sign them? 3) If I am requesting documents from a corporation, can I have the subpoena served on the corporation's agent of service? 4) Do I have to send a copy of the subpoenas to the defendant's attorneys? I know California law required them to copy me since they were requesting my personal medical records, but do I have to tell them at this time where I am looking for proof that they violated state labor laws?
1 Answer from Attorneys
The guidelines for requesting records?? There are none. Most lawyers know them to pass the bar and forget them. All attorneys use Subpena Services because the Code of Civil Procedure and related regulations are so complicated and change every few months.
to whom would you submit a request for a status conference? The Declaration of Readiness to Proceed for a Status Conference is simply filed at the WCAB where your claim was resolved, you can mail it in (with all the accompanying cover sheets and a proof of service showing the defense got a copy) or hand-carrying it in to the WCAB clerk.
If you take the subpenas to the WCAB Clerk, she will refer you to the Information & Assistance Officer, the "I & A" Officer in the comp vernacular. YOU WOULD BE WISE TO SCHEDULE AN APPOINTMENT WITH THE I&A OFFICER immediately to answer these questions and finish your subpenas.
If you have a records subpena delivered to the Agent for Service of Process and the recipient fails to comply, the WCAB Judge won't fault them because everybody just send the demand for records directly to the Custodian of Records of the place where you want records.
If the medical provider received emails from the insurance adjuster, why not just have the provider print out the emails? Why get into a procedure battle when the evidence is handy at the physician's computer?
I prefer to just issue a written demand for copies of all electronic communications to the physician and when none are delivered, send a letter indicating that no electronic communications were delivered timely so you will demand at trial that the judge exclude any electronic communications not timely served. .
Then, request an trial (by DOR) on both (1) medical treatment to be ordered and (2) penalties for unreasonable refusal to provide medical treatment. when the defense attorney attempts to produce email communications to the physician denying the requested treatment, you have a petition to exclude any copy of any electronic communication for unreasonable refusal to deliver these pursuant to your earlier written request.
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