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IN THE WORKERS' COMPENSATION
COURT OF THE STATE OF MONTANA
1997 MTWCC 23
WCC No. 9702-7698
STEVE
CHURCH
Petitioner
vs.
TRAVELERS
INDEMNITY COMPANY OF ILLINOIS
Respondent/Insurer
for
FOOD
SERVICES OF AMERICA
Employer.
ORDER ON ADDENDUM OF DOCUMENTS
PRODUCED FOR
IN CAMERA INSPECTION
Summary:
Hearing examiner reviewed additional documents produced by insurer on
claim for attorney-client and/or work product privilege protection against
disclosure.
Held: Work product protection
extended to notes of claims adjuster regarding discussions with attorney
and recommendations from attorney.
Topics:
Discovery: Claims File.
Based on review by hearing examiner, work product protection extended
to notes of claims adjuster regarding discussions with attorney and
recommendations from attorney.
Discovery: In Camera
Inspection. Based on review by hearing examiner, work product protection
extended to notes of claims adjuster regarding discussions with attorney
and recommendations from attorney.
Discovery: Privileges:
Work product. Based on review by hearing examiner, work product
protection extended to notes of claims adjuster regarding discussions
with attorney and recommendations from attorney.
On April 25, 1997, the respondent
presented additional documents for the Court's in camera review.
The disposition for each of those documents is reflected in the following
chart.
| Document
No. |
Date
|
Description
|
Disposition
|
000042 |
09/06/96 |
Notes of claims
adjuster regarding discussion with Thomas A. Marra |
Redact General
Mediation information - Produce redacted document |
000044 |
10/17/96 |
Mediation/permanent
partial disability notes regarding recommendation from Attorney Dylan
E. Jackson |
Work product
- Production
denied |
000045 |
10/21/96 |
Notes regarding
advice from Attorney Dylan E. Jackson |
Work product
- Production
denied |
| 000050
- 000053 |
02/10/97,
02/13/97,
02/14/97 & 02/18/97
|
Notes of claims
adjuster regarding discussion with Attorney Dylan E. Jackson |
Work product
- Production
denied |
| 000054
- 000056 |
02/12/97 |
Letter from
Dylan E. Jackson to Diane Nelson, Travelers |
Work product
- Production
denied |
ACCORDINGLY, IT IS HEREBY
ORDERED that:
Respondent must produce number
000042 (with General Mediation information redacted).
This Order is signed by the
Hearing Examiner at the direction of the Judge of the Workers' Compensation
Court.
DATED in Helena, Montana,
this 1st day of May, 1997.
(SEAL)
/s/ Clarice
V. Beck
CLARICE V. BECK
Hearing Examiner |
