Joined: Jul 2004
Friday January 30, 2009 6:24 PM
While at the Board regarding a lien, at which the CIC settled for 14k C&R Thomas with a post-term. Treating physician allegedly not in MPN.
Today was the first lien conference and defendant had not served medicals per 10608. I requested the matter OTOC for further discovery, and requested that defendant provide us with all medical reports including any and all subpoenaed medical reports pertaining to this claim. Defendant refused, and stated she had no legal duty or obligation to provide subpoenaed medical reports that she would be happy to give us the name and number of the subpoena service so we could request and pay for them ourselves.
10608(a) states After the filing of an Application for Adjudication, if a party is requested by another party or lien claimant to serve copies of physicians' reports relating to the claim, the party receiving the request shall serve copies of the reports on the requesting party or lien claimant within six (6) days of the request; the party receiving the request shall serve a copy of any subsequently-received physician's report within six (6) days of receipt of the report.
The section does not differentiate between PTP medical reports, examiners reports, or med-legal reports. It also does not specific if subpoenaed medical reports are to be included or excluded.
My reading of 10608 is a medical report whether written by a PTP, examiner or med-legal are considered "medical reports". I would argue that any and all past or current workers compensation claims filed by the applicant on any other cases or any and all third-party "medical reports"subpoenaed by the defendant are discoverable under 10608.
In the past I've argue this very point and all WCJ'S have agreed that a medical report is a medical report and if defendant has subpoenaed medical reports in their possession it's discoverable under 10608.
Today was the exception. The WCJ did not completely agree with this position and seemed to be unfamiliar with lien discovery and the rights of lien claimants post C&R. It's unfortunate WCJ's do not fully grasp or accept that lien claimants have most if not all due process rights afforded the applicant, especially once the parties agree to C&R the case. Anyhow, it is our position that defendant must serve all medical reports, including those it
Subpoenaed pursuant to 10608.
We further believe that defendants must serve any and all records/reports of the employers compliance with the MPN, and any and all employee or other statements regarding the injury i.e., employee statements contradicting the injury, pursuant to a Notice to Produce CCR 10532 and CP 1987.
Given the fact that there is many cases relating to discovery, due process of the lien claimant regarding medical reports, and that CCR 9780 et seq., discusses medical reports, is there any case law, statutory authority or regulation that expressly defines a "medical report", in order words what is a "medical report", i.e., chart notes, PR-2 etc., and if there is case law supporting defendants duty and obligation to serve subpoenaed medical reports to a party or lien claimant. I understand that under 10606 it classifies "medical evidence reports"
Edited: Friday January 30, 2009 at 7:25 PM by mgmlienservice