04/24/2010 02:05:00 AM EST
CA: WCAB Rejects Limitation of Deposition Questions When Applicant Claimed Psychiatric Injury
Quintella Eutsey v. City & County of San Francisco, PSI
Discovery—Depositions—Psychiatric Injuries—WCAB, granting defendant's petition for removal, held that WCJ's order denying defendant's petition to compel deposition testimony impermissibly curtailed defendant's right to discover relevant information related to applicant's claim for 5/24/2006 psyche injury arising out of injury to her right lower extremity and, therefore, would result in significant prejudice to defendant, when, applying principles in Allison v. W.C.A.B. (1999) 72 Cal. App. 4th 654, 84 Cal. Rtpr. 2d 915, 64 Cal. Comp. Cases 624, WCAB found that applicant placed her mental condition at issue by raising psyche claim, defendant was entitled to inquire broadly into applicant's mental health history to determine extent to which her psychiatric disability was related to non-industrial or prior industrial causes, such other causes may have occurred more than ten years prior to applicant’s 5/24/2006 injury and there was no legal justification for sustaining applicant's attorney’s objection to defendant's inquiry on basis that question dealt with matters that occurred more than ten years earlier, and defendant engaged in reasonable and relevant questioning regarding basis for applicant's claim. © Copyright 2010 LexisNexis. All rights reserved.
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