Labor and Economic Opportunity
DATE: March 28, 2007
TO: Litigants and Interested Parties
FROM: Murray Gorchow, Chair, Board of Magistrates
Jack Nolish, Director, WCA
The new rule language revising Magistrate's Rule 6 regarding agency subpoenas is posted through our website and is now in effect. We have placed the new subpoena form on the website, where it can be filled in and printed. Please make sure that you print the subpoena as a two sided document.
All prior editions of the agency subpoena form are obsolete and will not be signed by the magistrates. There are no exceptions. Printed versions of the form are available at the hearings offices or by calling the agency's main office at 1-888-396-5041.
All subpoenas must be signed by the magistrates or the director. Counsel cannot sign a subpoena as the issuer.
The subpoena does require counsel's signature in the certification block. This block indicates that the subpoena is being issued in accord with the rule. Original signatures are required. Rubber stamped, typed or machine printed signatures will not be accepted.
If you encounter a problem with a medical provider regarding the release of records due to HIPAA concerns, you may advise the provider that cases in workers' compensation litigation are not subject to HIPAA. This is specifically indicated on their website as part of the HIPAA Privacy Rule regarding disclosures for workers' compensation purposes.