No. 00-79197 (2002). Wagner Moving and Storage, Inc. v. MacDonald.
Case Date | September 25, 2002 |
Court | Kentucky |
Kentucky Workers Compensation
2002.
No. 00-79197 (2002).
Wagner Moving and Storage, Inc. v. MacDonald
WAGNER MOVING and
STORAGE, INC. and VANLINER INSURANCE COMPANY PETITIONER vs. ROBERT MACDONALD
and HON. RICHARD M. JOINER, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AND
ORDEROPINION ENTERED: September 25, 2002CLAIM NO. 00-79197APPEAL
FROM HON. RICHARD M. JOINER, ADMINISTRATIVE LAW JUDGE DISMISSING
* * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. Petitioners,
Wagner Moving and Storage, Inc. and Vanliner Insurance Company ("Wagner"),
appeal from an order of Hon. Richard M. Joiner, Administrative Law Judge
("ALJ"), compelling Wagner to produce certain reports and photographs as
requested by the respondent, Robert MacDonald ("MacDonald"), as part of his
discovery. Wagner also seeks a Writ of Prohibition against the ALJ, as the real
party in interest, enjoining him from enforcing the discovery order.
MacDonald filed an Application for Resolution of Injury Claim,
and simultaneously, a request for production of documents. Included were the
following requests:
Defendant is requested to produce at plaintiff's counsel's office
during normal business hours any and all photographs or video tape the
defendant has or has access to which show(s) or purports to show plaintiff, or
any other person, scene or object which is relevant to this claim.
. . . .
You are hereby requested to produce the complete report and
records prepared by any case management nurse, rehabilitation nurse, certified
rehabilitation coordinator, or other personnel who have done any investigation
or interviews in connection with the plaintiff's injury(s) other than the
defendant's claims representative(s), and attorney(s).
Counsel for Wagner objected to these requests, alleging the
information sought is privileged as "work product."
MacDonald's motion to compel and supporting memorandum, as well
as Wagner's response, was considered by the ALJ. The ALJ determined the request
for photographs and videotapes and ordered that should Wagner or its counsel
become "aware of the existence of any photographs or videotapes that fall
within the scope of the plaintiff's request, the defendant is obliged to
seasonably supplement its response to the plaintiff's request, raising any
objection that then be appropriate." Addressing the case...
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