WCPanelIQ
PanelDenied

Fausto, Maria

MARIA FAUSTO, Applicant vs. MM BAKERY PRODUCTS, INC.; HANOVER INSURANCE GROUP, Defendants

ADJ number
ADJ15039687
Decision date
Oct 23, 2025
District office
Oakland
WCJ
—
Claim administrator
Hanover Insurance Group
Commissioners
CRAIG L. SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
CCR §10955

Summary

Maria Fausto, the applicant, served a subpoena to obtain a copy of her own medical records. Defendant MM Bakery Products, Inc., insured by Hanover Insurance Group, filed a petition to quash the subpoena, which the WCJ denied on January 31, 2025. Defendant then sought removal, arguing applicant failed to show good cause to obtain her own medical file. The Appeals Board denied removal, finding defendant had not established the substantial prejudice or irreparable harm required for the extraordinary remedy of removal. The Board noted that any issue regarding whether the cost of obtaining the records is a reasonable litigation expense was deferred.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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