California Court of Appeal

In a personal injury action brought by a plaintiff who was seriously injured during a motor vehicle accident that occurred while he was working as a package delivery truck driver on the Stanford University campus, the trial court's discovery order granting a motion compelling plaintiff to undergo a vocational rehabilitation examination by a vocational expert is vacated where: 1) a defense vocational rehabilitation examination is not one of the six methods of civil discovery expressly authorized by the Civil Discovery Act, Code, Civ. Proc. section 2016.010 et seq.; and 2) the contention that a defense vocational rehabilitation examination should be an available discovery method as a matter of fundamental fairness where the plaintiff seeks compensatory damages for wage loss and loss of earning capacity is better addressed to the Legislature.

Appellate Information

• Published 2017/03/01

Judges

• BAMATTRE-MANOUKIAN

Court

• California Court of Appeal

Counsel