Workers Comp Subpoena with Photocopy Service: Understanding the Rules

The workers' compensation process can be complex and time-consuming, particularly when it comes to serving subpoenas. As a result, the California Commission on Workers' Compensation (Commission) has implemented rules regarding the acceptance of service for subpoenas seeking records from the Division. In this article, we will explore the guidelines for serving subpoenas with photocopy service.

The Commission encourages employers and other parties involved in workers' compensation proceedings to work together to resolve issues related to record production. One suggested approach is for physicians to copy and mail medical records to employers at a reasonable fee that compensates them for their costs. The Commission may also consider amending its rules to facilitate this arrangement, allowing parties to request photocopies of records instead of appearing in person.

However, it's essential to note that the statute does not grant the Commission authority to require a party to photocopy records. Instead, the Commission can mandate that a party appear on a specific date and produce any requested records relevant to the proceeding. This highlights the importance of understanding the rules and procedures surrounding subpoena service.

For those seeking to obtain records from the Division or compel the attendance and/or testimony of Division employees, personal service is required. The Chief Counsel of the Division or their designee must be served with the subpoena at the Division's Legal Office, located at 1515 Clay Street, 18th Floor, Oakland, California.

Additionally, the Administrative Director has designated the Chief Counsel as authorized to accept service of subpoenas pursuant to section 2020.220 of the Code of Civil Procedure. If personal service is not feasible or desired, it may be necessary to serve the Division through its district offices, which are responsible for processing California Public Records Act requests.

In summary, understanding the rules and procedures surrounding workers comp subpoena with photocopy service is crucial for parties involved in workers' compensation proceedings. By working together and following these guidelines, we can ensure a smoother and more efficient process for all stakeholders.

Workers comp subpoena with photocopy service