Mejinez, Miguel

Defendant filed a Petition for Removal from a WCJ's Order Rescinding Order to Disclose Medical History, which had rescinded a prior order compelling applicant to disclose his medical history under Labor Code section 4663(d). Defendant argued that section 4663(d) compels an employee to disclose all previous permanent disabilities or physical impairments upon request, and that applicant's refusal caused substantial prejudice. The Board held that compelled discovery via written interrogatory is not authorized in workers' compensation proceedings, as section 5708 limits inquiry to oral testimony and records. The Board found defendant failed to establish substantial prejudice or irreparable harm and denied removal.