Legal Question in Workers Comp in California

If you have an attorney and you request a copy of your entire file. What exactly are you entitled to? Can your own attorney deny you copies of a doctor's or doctors' deposition (IME, QME or AME) or own doctor? The reason is that my best friend has a worker's comp. attorney who really is not doing anything for her and on several occasions she has requested via telephone and in writing a copy of her entire file. The state that they do not have to provide her a copy of any doctor's deposition. Is that true? Please help. She had a stroke which is part of her case. She is disabled, has not paid her rent. Her landlady has been extremely understanding and really likes my friend. She is stressing out and I'm afraid she is going to get sick and become homeless. Her benefits have been cut since March 1 and has had no income to pay her gas or electricity bill. Her attorney just canceled the deposition of a doctor which would have taken place on Friday which could have been the deciding factor in her case. She is desperate and really wants to fire her attorney and seek new counsel but would like to be prepared with her entire file so that new attorney can review it without any delays in her case. She can not afford anymore time wasted by her attorney and needs to act fast. Can you please provide me any information with case law and any codes she can refer to in order to obtain her file. Thank you.


Asked on 6/02/10, 6:16 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

She should call the attorney and tell him, or his secretary since he will probably not be willing to speak to her, that she is about to be homeless and is not willing to put up with this nonsense any more. She has a legal right to her entire file, which includes any deposition transcripts, attorney notes, etc. If she does not get it by Friday 5 p.m. she will contact the State bar to enlist their assistance. Since she has asked for her file several times before, she is not willing to and does not need to give him more time to produce it. If he wants to claim she is not entitled to any portion, it is up to him to cite case law or other authority to her.

I know of no authority that limits what she is entitled to; since he is claiming a "defense" to turning everything over, he has to prove such a defense really exists.

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Answered on 6/02/10, 9:46 pm


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