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Industrial Indemnity Insurance Co. v. Ryan

Court of Workers Compensation of Montana

August 4, 1994

INDUSTRIAL INDEMNITY INSURANCE COMPANY Petitioner
v.
ROBERTA C. RYAN Respondent/Claimant - Cross-Petitioner.

          ORDER ON MOTION TO COMPEL

          Mike McCarter JUDGE

         On June 16, 1994, this Court entered a Second Order Regarding Withheld Documents requiring Industrial Indemnity Insurance Company (Industrial) to submit complete and accurate copies of all withheld documents for in camera review by the Court's hearing examiner to determine which documents are protected by the attorney-client privilege and/or the work product doctrine, and which documents are discoverable and should be provided Mrs. Ryan (claimant).

         In recent discovery orders, the Court has discussed the protection afforded by the attorney-/client privilege and the work product doctrine. Richard Blount v. Conagra, Inc., WCC No. 9304-6769 (March 16, 1994); Craig A. Adels v. Cigna Insurance Co., WCC No. 9307-6831 (March 10, 1994); Steven K. Yager v. Montana Schools Group Insurance, WCC No. 9308-6872 (March 14, 1994). The review herein has been conducted pursuant to the guidelines laid down in those decisions. Since Mrs. Ryan has made a broad request for all of the withheld documents, and has not provided any supporting rationale with regard to individual documents, the Court will not engage in a document by document discussion of the reasons for its determinations.

         Eight sets of documents (labeled by the Court as Volumes 1 through 8), comprising approximately 452 pages, were submitted to the Court. The Court's hearing examiner has determined the status of each document, as follows:

         Volume 1

         Page

         1 Attorney-Client privilege

         2 Information relating to the claimant is discoverable. Other information within the document is confidential and may be redacted.

         3 Illegible Volume 2 1-54 Work Product

         Volume 3

         1 Work Product

         2-4 Attorney-Client privilege

         5-11 Work Product

         12 Attorney-Client Privilege

         13-25 Work Product

         26-31 Attorney-Client privilege

         32-37 Work Product

         38-40 Discoverable by claimant

         41 Work Product

         42-56 Discoverable by claimant

         57-58 Work Product

         59-67 Discoverable by claimant

         68 Work Product

         69-72 Discoverable by claimant

         73 Work Product

         74 Discoverable by claimant

         Volume 4

         1 Attorney-Client

         2 Discoverable by claimant

         3-4 Attorney-Client

         5-9 ...


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