Production of Records

WCAB CASE Number ADJ2940450 – Update:

How is this legal?

I received a letter from Argonaut Insurance’s attorney claiming that Argonaut, their previous defense attorneys, and the Workers’ Compensation Appeals Board in San Diego have all destroyed their records on my case — even though it’s been an open claim since 1998.

You cannot destroy documents on an open workers’ comp case. Period.

Yet everyone involved claims they’ve done exactly that. After 26 years, I’m the only one who still has the complete records.

I may not have an attorney, but I know the law is on my side. They’re not going to screw me that easily.

More updates coming soon.

Title 8, California Code of Regulations, Section 15400.2. It states that claim files with awards for future benefits shall not be destroyed.

Since my case has been open since 1998, this directly contradicts the claims that they could destroy everything.

Labor Code Section 5813., allows the WCAB to order the other side to pay costs and expenses — and hit them with up to $2,500 in additional sanctions — for bad-faith actions or tactics.:

• Title 8 CCR Section 10421 — lists failing to comply with discovery orders as grounds for sanctions under 5813.
• My Subpoena Duces Tecum itself — once properly served, Argonuat, a.k.a Argo Group, a.k.a. Clearbrook Group Holdings Inc., have a legal obligation to respond properly.