Nohem¡ Sanchez
v.
Interbake Foods, LLC
And
American Zurich Insurance Co.
HF No. 27, 2016/17
South Dakota Workers Compensation
South Dakota Department of Labor & Regulation Division of Labor and Management
March 10, 2020
Jolene
R. Nasser Nasser Law Firm, PC
Jennifer L. Wosje Woods, Fuller, Shultz & Smith, PC
RE: HF
No. 27, 2016/17 – Nohemi Sanchez v. Interbake Foods,
LLC and American Zurich Insurance Co.
Letter
Decision and Order on Motion to Compel Signed Medical
Release
Dear
Ms. Nasser and Ms. Wosje:
The
Department of Labor and Regulation (Department) has received
Employer and Insurer's Motion to Compel Signed Medical
Release and Claimant's Response. All submissions have
been taken under consideration.
Claimant
filed this Petition for Workers' Compensation Benefits on
August 16, 2016, alleging three separate injuries took place
in July 2013, July 2014, and August 2016. Claimant is
alleging she is permanently and totally disabled as a result
of these injuries. Claimant served discovery requests on
September 20, 2016. Claimant produced a limited medical
release to counsel for Employer and Insurer on November 3,
2017, pursuant to verbal discussions between Claimant and
Employer and Insurer. Without Employer and Insurer's
request, Claimant produced medical records on two occasions,
first on February 22, 2019 and then on September 10, 2019. On
July 30, 2019, Employer and Insurer sent a medical release to
Claimant for signature. Claimant did not sign the release.
Employer and Insurer requested an executed medical release on
October 1, 2019.
On
October 10, 2019, Claimant sent a letter to Employer and
Insurer detailing her objection to providing an unlimited
release, arguing that it makes it impossible to preserve her
rights to assert privilege as to non-relevant information.
Claimant offered to procure all relevant records and provide
them to Employer and Insurer with a detailed privilege log
for any materials redacted or not produced under assertion of
privilege. Employer and Insurer filed this Motion to Compel
Signed Medical Release on December 13, 2019.
Pursuant
to SDCL 62-4-1.3, Employer and Insurer have...
