“When an applicant seeks information about the liable entity or the insurance policy provisions, the information should be readily provided.”
(DiFusco, supra, at p. 14.)
“Discovery must be provided regarding “the existence and contents of any agreement under which any insurance carrier may be liable,” including “the identity of the carrier and the nature and limits of the coverage.””
(DiFusco, supra, at p. 15, fn. 13, quoting Code Civ. Proc., § 2017.210.)
“[I]n a workers’ compensation matter, liability for payment of compensation to an applicant is an ongoing duty, that often stretches for many years after an underlying award is issued. This means that the ability to identify any parties that may potentially be liable to pay compensation in the future, and the parameters of that liability, is significantly more important in workers’ compensation proceedings.”
(DiFusco, supra, at p. 15, fn. 13.)
“[F]inal decisions of the WCAB may be converted to civil judgments, and without proper identification of the liable party or parties, an award may be rendered unenforceable.”
(DiFusco, supra, at p. 16, fn. 14, citing Lab. Code, §§ 5806, 5807.)
Cross-references: § 16.2 (identification duties); § 17.1 (the discovery route); ch. 25 (enforcement of awards: reserved).
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