Discovery: Employment Records

Fjelstad v. Fireman's Fund [11/3/99] 1999 MTWCC 69 Claimant ordered to produce employment records of any business he operated or certify under oath they do not exist. Employment records of third-party employer are not under claimant's control. He is not ordered to provide a release. Insurer may take records deposition to obtain such records.

Glaude v. State Compensation Ins. Fund [09/05/95] 1995 MTWCC 68 Where issues before the Court include whether claimant was an independent contractor and the true identity of her employer in a multiple contractor situation, claimant must answer discovery seeking information about her employment and income.
Tommy v. State Compensation Insurance Fund [03/21/95] 1995 MTWCC 21 Where petitioner’s wages are not in dispute, he is not entitled to additional information regarding wages other than what the employer has produced. Employer need not produce additional information regarding other employees.
Mutchie v. Old Republic Ins. Co. [01/20/95] 1995 MTWCC 3 Personnel manual was produced and issues involving telephone records will be covered in deposition. With regard to personnel file, with the employer concerned the claimant is making a fishing expedition to support a potential wrongful discharge lawsuit, and claimant contending he seeks references to prior back problems, the file will be reviewed by the employer’s attorney for identification of materials relating to back problems, then produced in its entirely for in camera review by the Court.