CompFox AI Summary
This case concerns defendant NASSCO's petition for removal regarding discovery of the deceased applicant's HIV/AIDS medical records. The WCAB denied removal, affirming the WCJ's order, finding the records irrelevant to the claimed asbestos exposure and subsequent death. The majority held that California Civil Code § 56.31 requires authorization for HIV/AIDS information unless directly related to an employment exposure incident of HIV/AIDS, which was not alleged here. Commissioner Razo dissented, arguing that the records could be relevant to causation and that privacy concerns could be addressed with protective orders.
Full Decision Text1 Pages
This case concerns defendant NASSCO's petition for removal regarding discovery of the deceased applicant's HIV/AIDS medical records. The WCAB denied removal, affirming the WCJ's order, finding the records irrelevant to the claimed asbestos exposure and subsequent death. The majority held that California Civil Code § 56.31 requires authorization for HIV/AIDS information unless directly related to an employment exposure incident of HIV/AIDS, which was not alleged here. Commissioner Razo dissented, arguing that the records could be relevant to causation and that privacy concerns could be addressed with protective orders.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.