California Court of Appeal

The Workers' Compensation Appeals Board (WCAB) erred by ordering a petitioners to produce documents it claims are privileged to a special master for the purpose of allowing the master to assess the merits of that privilege claim, where: 1) the Evidence Code statutes governing privilege are applicable in workers' compensation proceedings; but 2) because Evidence Code section 915 expressly prohibits a tribunal from ordering a party to produce documents for review as a means of determining the validity of a claimed privilege, the WCAB erred in this case by ordering that documents which petitioners and its claims agent contend are privileged, must be produced to a special master.

Appellate Information

• Decided 06/17/2014
• Published 06/17/2014

Judges

• RYLAARSDAM,

Court

• California Court of Appeal

Counsel