The Regents Of The University Of California Irvine; administered by Sedgwick Claims Management Services, Inc. Shirley Lappi WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHIRLEY LAPPI, Applicant,vs.THE REGENTS OF THE UNIVERSITY OF CALIFORNIA IRVINE; administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants.Case No. ADJ3256213 (AHM 0147852)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION; GRANTING REMOVAL ON APPEALS BOARD MOTION AND DECISION AFTER REMOVAL Defendant Sedgwick Claims Management Services, Inc. (defendant) seeks reconsideration of the Findings and Order (F&O) issued by a workers’ compensation administrative law judge (WCJ) on November 19, 2012. In that F&O, the WCJ found in pertinent part that defendant’s privilege log identified documents from its claims file that were not protected by attorney-client privilege and ordered defendant to provide copies of those unprivileged documents to applicant Shirley Lappi (applicant). Defendant contends that the documents were protected by the attorney-client privilege under Evidence Code section 952; that it met its burden to show that the documents were confidential communications within the meaning of Evidence Code section 917 so that the burden shifted to applicant and, that the documents were protected by the work product doctrine under Code of Civil Procedure section 2018.030. We received an answer from applicant. We received a Report and Recommendation (Report) from the WCJ in response to the Petition for Reconsideration, which recommends denial of the petition. We have reviewed the record and considered the allegations of the petition for reconsideration and the answer and the contents of the Report. Based on our review of the record and for the reasons stated below, we will dismiss defendant’s petition as a petition for reconsideration and grant removal on , our own motion, rescind the F&O, and return the matter to the WCJ for assignment of
Shirley Lappi vs. The Regents Of The University Of California Irvine; Administered By Sedgwick Claims Management Services, Inc.
(AHM 0147852)In this case, the Regents of the University of California Irvine, administered by Sedgwick Claims Management Services, Inc., sought reconsideration of a Findings and Order issued by a workers' compensation administrative law judge. The Findings and Order found that the defendant's privilege log identified documents from its claims file that were not protected by attorney-client privilege and ordered the defendant to provide copies of those unprivileged documents to the applicant. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, granted removal on their own motion, rescinded the Findings and Order, and returned the matter to the WCJ for assignment of the issue to a special master.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ3256213
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