Cases

Employer/carrier sought to obtain from claimant's attorney a copy of the intake documents created by the claimant's attorney during a confidential consultation with the claimant for the purpose of providing legal advice and services.  The intake documents had been sought for the purpose of obtaining a list of the doctors and the hospitals which treated the claimant and a list of all of the claimant's prior workers' compensation claims that were set forth in the intake documents.  Court determined that the intake documents were protected by the attorney/client privilege.  The claimant had asserted that there was no list of medical providers and prior workers' compensation claims and the only list was included in intake documents prepared by the attorney during a confidential meeting with the claimant.  Claimant's response included a privilege log showing that the lists were contained in a "workers' compensation intake form and questionnaire" completed by the claimant's attorney in a conference with the claimant.  Section 90.502, Florida Statutues (2009) sets forth the attorney/client privilege.

The court determined that the attorney/client privilege is absolute as compared to a litigant's entitlement to work product material upon a showing of need and undue hardship.  The claimant's medical and claims history was discoverable by the employer/carrier and with the exception of the confidential intake sheet, the claimant furnished the employer/carrier with all documents in his possession relating to his medical and claims history.  Although in a civil action the facts listed could be obtained by interrogatories, the rules of procedure applicable to workers' compensation proceedings do not permit interrogatories.  Thus, the employer/carrier's request for a list of physicians, hospitals and prior workers' compensation claims cannot be remedied by treating the request as a mislabeled but otherwise permissible interrogatory.  This information can be obtained by deposing the claimant or utilizing other discovery techniques such as subpoenas and requests to third parties to discover information regarding claimant's medical and claim history.