Legal Question in Workers Comp in California

Who has the right to have the full disclosure of my psychological evalutation? Does the W/C attorney get all information from the evaluation, not just the report?


Asked on 7/21/14, 4:16 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

"Right" to full disclosure meaning test answers? IF there is something that leads to evidence on your work injury relevant to a disputed issue, either the Applicant's Attorney, the defense attorney or the insurance adjuster can demand the evaluating psych produce test answers.

As the WC Judge has no training in evaluating test answers and is required to base decisions solely on reports, it is extremely unlikely there would be any use for test answers.

Test SCORES are reported in the body of the psych report, so if the party is wanting just the scores, it's there in the report with no need to get test answers.

I have had to depose psychiatrists who missed input, and at the deposition the psychiatrist pulled out the testing materials and showed those to the attorneys; so the attorneys there had the 'right' to disclosure of that part of the evaluation (the injured worker claimed her supervisor's sexual advances were the source of her emotional upheaval but the test answers showed nothing about her boss, just her cancer).

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Answered on 7/22/14, 8:27 am


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