CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's Petition for Removal, upholding the Administrative Law Judge's (ALJ) order quashing subpoenas duces tecum. The Board found the subpoenas overly broad, duplicative, and burdensome, requesting extensive records related to surveillance beyond what had already been provided. While acknowledging the applicant was not afforded sufficient opportunity to respond to the initial motion to quash, the Board determined no substantial prejudice occurred as the applicant could issue a more narrowly drawn subpoena. The denial ensures the applicant must refashion a reasonable request for surveillance records.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's Petition for Removal, upholding the Administrative Law Judge's (ALJ) order quashing subpoenas duces tecum. The Board found the subpoenas overly broad, duplicative, and burdensome, requesting extensive records related to surveillance beyond what had already been provided. While acknowledging the applicant was not afforded sufficient opportunity to respond to the initial motion to quash, the Board determined no substantial prejudice occurred as the applicant could issue a more narrowly drawn subpoena. The denial ensures the applicant must refashion a reasonable request for surveillance records.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.