CompFox AI Summary
This case concerns an applicant's petition for removal regarding discovery of her past sexual history in a workers' compensation claim for psychiatric injury due to sexual harassment. The Appeals Board granted removal, finding the applicant's past sexual history is constitutionally protected and that the defendant failed to demonstrate good cause for discovery under Labor Code section 3208.4. The Board limited discovery to medical records relevant to the applicant's psychiatric history, allowing the defendant to refile a petition for further discovery upon a proper showing of good cause after a medical evaluation. This decision aims to balance the applicant's right to privacy with the defendant's need for relevant information concerning causation and apportionment.
Full Decision Text1 Pages
This case concerns an applicant's petition for removal regarding discovery of her past sexual history in a workers' compensation claim for psychiatric injury due to sexual harassment. The Appeals Board granted removal, finding the applicant's past sexual history is constitutionally protected and that the defendant failed to demonstrate good cause for discovery under Labor Code section 3208.4. The Board limited discovery to medical records relevant to the applicant's psychiatric history, allowing the defendant to refile a petition for further discovery upon a proper showing of good cause after a medical evaluation. This decision aims to balance the applicant's right to privacy with the defendant's need for relevant information concerning causation and apportionment.
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