1995 MTWCC 76

WCC No. 9505-7307

MARIAN MAAS

Petitioner

vs.

INTERMOUNTAIN CLAIMS

Respondent/Insurer for

INTERSTATE BRANDS

Employer.

On August 22, 1995, this Court issued its Order Denying in Part Petitioner's Motion for Protective Order. Upon receipt of that Order, petitioner moved the Court for a so-called Leary Order (see State of Montana ex. rel Margaret Leary v. Montana 13th Judicial District Court and the Honorable G. Todd Baugh, Docket No. 95-244, Order dated June 27, 1995). Petitioner moved for the Leary Order as it is petitioner's desire to introduce all of the psychological records as an Exhibit, but does not want to waive the confidentiality of the psychological records or have the records become public by way of this proceeding. The Court held a telephone hearing on plaintiff's Motion for the Leary Order on September 25, 1995 with petitioner and respondent's counsel participating.

After reviewing the briefs of the parties previously filed, hearing the respective positions of the parties during the telephone hearing,

IT IS HEREBY ORDERED that all of petitioner's psychological records are deemed confidential. Defense counsel may review these records, but may not reveal the contents or discuss the same with the client or anyone else. Furthermore, all of petitioner's psychological records are sealed, and may not be released to anyone without Court permission. Information contained in these records may be used for examination or cross-examination of the petitioner, or petitioner's health care providers, with proper safeguards to ensure their confidentiality to the proceedings at hand. Once this matter is decided, and all appeal times have run, all records and copies of the records shall be turned over to petitioner's counsel, unless the Court is of the opinion that the records must remain in the Court file.

DATED this 6th day of October, 1995.

/s/ Mike McCarter
Workers' Compensation Judge