Van Acker Construction Associates and Seabright Insurance Company Leobardo Chavez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALEOBARDO CHAVEZ, Applicant,vs.VAN ACKER CONSTRUCTION ASSOCIATES and SEABRIGHT INSURANCE COMPANY, Defendants.Case No. ADJ7028178 (Oakland District Office)OPINION AND ORDER DENYING PETITION FOR REMOVAL Applicant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated January 15, 2013, wherein the workers’ compensation administrative law judge (WCJ) quashed subpoenas duces tecum issued by Associated Reproduction Services (ARS) on behalf of applicant’s attorney to Van Acker Construction, Seabright Insurance Company, and Laughlin, Falbo, Levy & Moresi, LLP, defendant’s attorneys. Applicant contends that he was deprived of an opportunity to respond to defendant’s Petition to Quash Subpoena Duces Tecum and that because there is no evidence that additional information is not available as responsive to subpoena, the subpoenas should not be quashed without hearing. Defendant has filed an Answer. In November and December, 2012, ARS issued subpoenas duces tecum demanding the following: “Any and all records regarding surveillance company used in the case of Leobardo Chavez vs. Van Acker Construction Associates and Seabright Insurance including to and from communications, video not used, transcripts, notes, field notes, logs, etc. Including any and all records regarding surveillance companies whether used or not, including billing records, e-mail, voicemail, or any other documents that are digitally stored.” In its answer, defendant alleges that it has provided surveillance videos and investigator’s field notes, absent privileged documents. Applicant does not deny that he has received videos and field notes. , With regard to the quashing of the SDTs, we concur with the WCJ that the subpoenas are overbroad, duplicative and burdensome. In his Report and Reco
