What the panel ordered
The Appeals Board denied defendant's petition for removal from the WCJ's order denying the petition to quash the subpoena for applicant's medical records.
Defendant filed a petition for removal from the WCJ's Order Denying Petition to Quash dated January 31, 2025, which denied defendant's request to quash a subpoena for applicant's medical records.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Defendant did not establish substantial prejudice or irreparable harm if the subpoena for applicant's medical records was not quashed, and reconsideration was deemed an adequate remedy if a final adverse decision issued.
From the decision · page 2substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, defendant has not established substantial prejudice or irreparable harm if applicant is permitted to subpoena a copy of her own medical files. As noted by the WCJ, any issue as to whether such a cost is a reasonable litigation expense is deferred.