Roger Osborne — ADJ15747861

Applicant Roger Osborne, a driver who claimed injuries to multiple body parts and internal systems (but not psyche), sought removal of a September 16, 2022 Discovery Order compelling production of his psychiatric records from psychologist Kathleen B. Gates, Ph.D. Defendant subpoenaed five years of psychiatric records arguing they were relevant to applicant's claimed heart, hypertension, sleep, diabetes, and internal conditions that 'can be affected by stress.' Applicant objected via letter (rather than formal motion to quash) on privacy and relevance grounds, noting no psychiatric injury was pled. The WCAB granted removal, finding the record did not disclose the basis for the WCJ's order and that applicant would suffer irreparable harm from disclosure of constitutionally protected records absent an adequate findings record. The Board rescinded the Discovery Order and remanded to the trial level, providing extensive guidance on the balancing tests for discovery of privileged/private medical information.