workers' compensation defense
attorneys to ask general past medical
history questions in depositions of
the applicant. That practice of asking
those types of questions in a
deposition may now be a thing of the
past.
shows carpal tunnel there would need
to be additional thyroid testing to see if
there was hypothyroidism. The record
is not clear whether this testing was
accomplished.
deposition. The defendant asked a
question related to the applicant's past
medical history. The applicant's
attorney objected on the basis the
question invaded the applicant's
medical privacy and patient-physician
privilege. The applicant's attorney
instructed the defense attorney to ask
questions related to the current claim
but that he would instruct the applicant
not to answer past general questions.
The defense attorney ended the
deposition and indicated the remainder
of the deposition would be set before
the workers' compensation judge
(WCJ).
before the WCJ. The WCJ issued an
interim order and allowed the questions
to be asked. Applicant's attorney then
filed a petition for removal. The WCJ
filed a report and recommendation on
petition for removal which the
Workers' Compensation Appeals Board
adopted. The applicant then filed a
petition for
Superior Court. Relying on Britt this
court intimated that discovery
procedures must be used that identify
and remove irrelevant and immaterial
issues. Questions must be tailored to
avoid disclosure of protected records.
In this case the appellate court
indicated the defense doctor
narrowed the scope of the discovery
to something far less broad than the
defense attorney sought in the
deposition.
applicant's attorney can stop general
past medical questions even though
this may go to the issue of
apportionment. The key to the
defense is to have the defense doctor
indicate the need for all medical
evidence that the applicant may have
had a prior work preclusion which the
doctor might be able to apportion to
even if it is related to a different part
of the body.
WCAB
for carpal tunnel injury. The carrier
sent the applicant to a physician for an
evaluation. The applicant told the
doctor her condition was caused by
her employment activities. The
applicant claimed to do a prolonged
amount of writing, more than 50% of
her work day. The doctor indicated
that her past medical history was
unremarkable, although she did have a
history of thyroid disease. The doctor
indicated more tests were needed
because if the test indicated any
evidence of a peripheral neuropathy
that would rule
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