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3rd District Court of Appeal Clarifies Credibility Standards and Discovery Closure Rules

Posted by:  Sure S. Log
Topics: due process credibility LC 5502(d) mandatory settlement conference MSC pretrial conference statements diligence discovery closure harmless error

The procedural rules governing discovery in workers' compensation cases serve critical purposes in ensuring fair and efficient adjudication. In particular, Labor Code 5502(d)(3) establishes that discovery closes on the date of the mandatory settlement conference (MSC), with strict limitations on the admission of evidence not disclosed in pretrial conference statements. Those rules are fundamental to the workers' compensation system's goal of expeditious resolution while maintaining due process protections.

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Producing Video Evidence Prior to Applicant's Deposition

Posted by:  Sure S. Log
Topics: credibility video sub rosa deposition disclosure surveillance production post-injury

Video evidence is admissible in workers' compensation proceedings. Generally, it's obtained by a defendant after an applicant reports an injury and the defendant questions the applicant's credibility. This type of evidence can be called surveillance evidence or sub rosa evidence, and the parties often dispute when it must be produced.

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The Initial Physical Aggressor Defense Under LC 3600(a)(7)

Posted by:  Sure S. Log
Topics: initial physical aggressor LC 3600(a)(7) altercation physical aggressor credibility reasonable fear bodily harm

Labor Code § 3600(a)(7) establishes the initial physical aggressor defense. It explains that a claim is not compensable when the injury arises "out of an altercation in which the injured employee is the initial physical aggressor." That defense embodies the legislative intent to exclude from compensation those who introduce violence into the workplace.

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