Baltimore, MD asked in Workers' Compensation for California

Q: What information do I have a right to request during a workers comp investigation and how long do they have to comply?

My supervisor was written up for my injury and I would like a copy of the disciplinary action. How do I request this document? Can I request a copy of the workers comp insurance carriers investigation? How long does my employer or insurance carrier have to comply with my request for records? I have a QME in 90 days and would like to submit that information to the QME. Thank you

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: You are NOT entitled to another person's personnel file, if that is what you are asking. You would be very upset if a co-worker got YOUR personnel file. Those are transactions between the employer and the worker ONLY. An 'investigation report' is prepared in anticipation of litigation and is protected work product. You WILL see it IF the adjuster (or defense attorney) decides the QME is to review it. If not, it is protected by attorney-client privilege. The QME's job IS NOT to 'find fault'. California Workers Comp is a no-fault system. The QME's job is to assess the DISABILITY. Whether your supervisor was a complete asshat and deserves to burn in eternal Hell IS NOT to be assessed by the QME. The QME assesses ONLY your Whole Person Impairment, the activities of daily living you not longer perform without assistance (or at all), your loss of functional capacity in the home, the road and the workplace. If you say the wrong things to the QME, he may decide that you have no disability just a lot of resentment. You should prepare thoroughly with a lawyer prior to the QME evaluation so you say the correct answers.

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