ANNA L. GOEMER, Employee, Claimant,
v.
UNIVERSITY OF ALASKA, Self-Insured Employer, Defendant.
AWCB Decision No. 21-0006
AWCB No. 200619131
Alaska Workers Compensation Board
January 21, 2021
INTERLOCUTORY
DECISION AND ORDER
Judith
A DeMarsh, Designated Chair.
Anna
Goemer’s (Employee) December 22, 2020 petition for
reconsideration of the Board designee’s (designee)
December 15, 2020 discovery order denying Employee’s
November 12, 2020 and December 8, 2020 petitions for
protective orders was heard on the written record in
Anchorage, Alaska, on January 13, 2021, a date selected on
December 23, 2020. The record closed at the hearing’s
conclusion on January 13, 2021.
ISSUES
Employee
contends her petitions for protective orders should be
granted as the releases are overbroad, unnecessary, and out
of scope for the workers’ compensation benefits she is
claiming. She also contends she has already signed some of
the requested releases. In her December 22, 2020 petition she
is requesting reconsideration or modification of the
designee’s denial of her November 23, 2020 and December
8, 2020 protective orders.
Employer
contends the releases signed and returned by Employee have
been rendered unusable as Employee adds written notes and
crosses out items.
Should
the panel make a determination on Employee’s December
22, 2020 petition for reconsideration of the designee’s
denial of her petitions for protective orders?
FINDINGS
OF FACT
A
preponderance of the evidence establishes the following facts
and factual conclusions:
1) On
November 28, 2006, Employee reported September 27, 2006 neck,
center chest, head and right shoulder injuries incurred from
a collision with a classmate while practicing softball for a
University of Louisville SPI sponsored event. Employee was
working as a Lt. Police Officer for the University of Alaska.
(Report of Injury, 12/6/2006.)
2) On
March 8, 2019, Employee filed a claim for medical benefits
and transportation costs. (Workers’ Compensation Claim,
3/8/2019.)
3) On
October 12, 2020, Employee filed a claim for temporary total
disability benefits, permanent total disability benefits,
past, future and continuing medical benefits, a compensation
rate adjustment, a finding of unfair controversion, penalty,
interest, and attorney fees. (Workers’ Compensation
Claim, 10/12/2020.)
4) On
November 23, 2020, Employee filed a petition for a protective
order contending, inter alia, she should not have to
notarize the releases sent to her by Employer, objecting to
the deadlines set by Employer for return of the signed
releases, and the scope of the releases. (Protective order,
11/23/20.)
5) On
December 8, 2020, Employee filed a second petition for a
protective order claiming Employer’s attorney
“harassed her with C mail (sic) for information.”
She further stated she would not notarize medical releases.
(Petition, 12/8/20.)
6) On
December 15, 2020, Employee and Employer’s counsel
attended a prehearing to present their respective positions
on Employee’s two petitions for protective orders. The
designee denied both petitions stating he reviewed the five
releases at issue and found these releases to be
“standard, relevant, and likely to lead to discoverable
information.” The five releases at issue were for
medical records, employment records and records held by the
Alaska Department of Health and Social Services, the Alaska
Division of Workers’ Compensation, and the Social
Security Administration. (Prehearing conference (PHC)
summary, 12/15/20.)
7) The
December 15, 2020 PHC summary does not indicate whether the
designee made clear to the parties the board would be
following AS 23.30.108(c) or whether he reviewed the statute
with the parties. The PHC summary does not (Id.)
8) On
December 22, 2020, Employee timely filed a petition for a
protective order, to compel discovery, to continue or cancel
a hearing, reconsideration or modification, as well as an
extension of time to request a hearing under AS 23.30.110(c)
among other things. Employee attached “Interrogatories
and Requests for Production” to her petition. She also
provided an extensive list of reasons she wanted the
designee’s discovery determination reconsidered.
(Petition, 12/22/20; Interrogatories and Requests for
Production with attachments, 12/20/2020.)
9)
Employee’s petition...