Eze, Olisaemeka

Applicant, a FedEx operations coordinator, sustained a cumulative psychiatric injury through August 25, 2021. During discovery, disputes arose over defendant's production of an unredacted claims file and reimbursement of medical mileage. The WCJ ordered defendant to provide the full unredacted claims file for in-camera review, imposed $250 in section 5813 sanctions for violating a January 16, 2024 order, and assessed a 25% section 5814 penalty for unreasonable delay in mileage reimbursement. On reconsideration, the Board affirmed the penalties and sanctions but amended the order to require production of only the non-privileged claims file, holding that compelling production of privileged materials for in-camera review violated Evidence Code privilege statutes under Regents v. WCAB (Lappi). Commissioner Razo dissented, finding neither sanctions nor penalties warranted because applicant failed to submit a proper mileage reimbursement request with starting/ending addresses.