What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by defendant challenging exclusion of exhibits D and E in case ADJ16699214; WCJ report recommended denial of reconsideration; WCAB panel adopted and incorporated WCJ report and denied reconsideration.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The court found no plausible explanation for the late discovery and non-disclosure of exhibits D and E, and upheld their exclusion as a sanction for failure to produce relevant documents timely.
From the decision · page 9Petitioner is correct that a formal MSC was held only in one of the two cases. The court accepts as correct that defense counsel's awareness of Exhibits D and E in his own file first arose when he said it did, specifically mid-way through the first day of trial. Both exhibits, however, were relevant to the statute contentions in both cases. The obligation of a party to respond to reasonable requests for discovery is not a passive one. Petitioner offered (and offers) no plausible explanation as to why the letters were not earlier recognized and produced when first demanded by applicant. A failure to produce relevant documents, including those predictably destined to be exhibits on fulcrum issues, may result in their exclusion from evidence. In this case, the court determined Exhibits D and E must be excluded.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Exhibits D and E were discovered late by defense counsel during trial and not timely disclosed despite discovery requests.
Favours Defendant prevailed
This failure justified exclusion of the exhibits as a sanction, leading to denial of the Petition for Reconsideration.
From the decision · page 9Petitioner is correct that a formal MSC was held only in one of the two cases. The court accepts as correct that defense counsel's awareness of Exhibits D and E in his own file first arose when he said it did, specifically mid-way through the first day of trial. Both exhibits, however, were relevant to the statute contentions in both cases. The obligation of a party to respond to reasonable requests for discovery is not a passive one. Petitioner offered (and offers) no plausible explanation as to why the letters were not earlier recognized and produced when first demanded by applicant. A failure to produce relevant documents, including those predictably destined to be exhibits on fulcrum issues, may result in their exclusion from evidence. In this case, the court determined Exhibits D and E must be excluded.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5400; Labor Code section 5405
Labor Code section 5400 and 5405 regarding timely filing and statute of limitations.
The court applied these statutes to determine that the failure to timely file and produce documents justified exclusion of exhibits as a sanction.
From the decision · page 9Petitioner is correct that a formal MSC was held only in one of the two cases. The court accepts as correct that defense counsel's awareness of Exhibits D and E in his own file first arose when he said it did, specifically mid-way through the first day of trial. Both exhibits, however, were relevant to the statute contentions in both cases. The obligation of a party to respond to reasonable requests for discovery is not a passive one. Petitioner offered (and offers) no plausible explanation as to why the letters were not earlier recognized and produced when first demanded by applicant. A failure to produce relevant documents, including those predictably destined to be exhibits on fulcrum issues, may result in their exclusion from evidence. In this case, the court determined Exhibits D and E must be excluded.
What proof carried it
The evidence the panel weighed, by kind.
Failure to timely produce relevant documents (Exhibits D and E) despite discovery requests.
From the decision · page 9Petitioner is correct that a formal MSC was held only in one of the two cases. The court accepts as correct that defense counsel's awareness of Exhibits D and E in his own file first arose when he said it did, specifically mid-way through the first day of trial. Both exhibits, however, were relevant to the statute contentions in both cases. The obligation of a party to respond to reasonable requests for discovery is not a passive one. Petitioner offered (and offers) no plausible explanation as to why the letters were not earlier recognized and produced when first demanded by applicant. A failure to produce relevant documents, including those predictably destined to be exhibits on fulcrum issues, may result in their exclusion from evidence. In this case, the court determined Exhibits D and E must be excluded.
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About this page
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