Allison

Allison v. Workers' Compensation Appeals Board

Good Law
1999 Cal. App. LEXIS 534·72 Cal. App. 4th 654·84 Cal. Rptr. 2d 915·99 Daily Journal DAR 5113·64 Cal. Comp. Cases 624
Court of Appeal of CaliforniaMay 27, 1999No. B125579California4,155 words

Opinion

Lead Opinion

Croskey, J.

Petitioner Carol Allison (Allison) seeks relief from an order of a workers’ compensation judge which directed her to answer deposition questions relating to her general past medical history. Allison *656 contends the scope of such deposition inquiry is overbroad, interferes with her right to assert the patient-physician privilege, and should be confined to questions regarding her wrist, which is the situs of the injury covered by workers’ compensation law. She also contends the workers’ compensation judge (WCJ) lacked authority to issue the discovery order. We agree with Allison’s contention that the scope of the deposition inquiry permitted by the WCJ is overbroad. However, we disagree with her argument that WCJ’s have no authority to consider, and make orders on, discovery disputes. We therefore reverse the discovery order and remand the case for further proceedings on the discovery issue consistent with the views expressed herein.

Factual and Procedural Background

Allison is the applicant in the worker’s compensation case entitled Allison v. Del Amo Mobile Homes Estates and bearing case No. POM 234030, which is pending before the Workers’ Compensation Appeals Board…

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