Harrison, Gary

Defendant petitioned for removal from a WCJ's October 3, 2025 'Order Limiting Subpoena Duces Tecum' that restricted discovery of medical records to orthopedic records, where applicant only claimed orthopedic injuries. Defendant argued that non-orthopedic records were relevant and that the term 'orthopedic records only' was vague and unenforceable. The WCAB denied removal, finding defendant failed to demonstrate substantial prejudice or irreparable harm and failed to make any offer of proof regarding relevancy of non-orthopedic records. The Board relied on Britt v. Superior Court, holding that an applicant's privacy waiver must be narrowly construed and discovery must be directly relevant and essential to the claim. The Board also found the vagueness argument was not ripe because defendant had not yet attempted to enforce the subpoena.