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Church v. Travelers Indemnity Company of Illinois

Court of Workers Compensation of Montana

May 1, 1997

STEVE CHURCH Petitioner
v.
TRAVELERS INDEMNITY COMPANY OF ILLINOIS Respondent/Insurer for FOOD SERVICES OF AMERICA Employer.

          ORDER ON ADDENDUM OF DOCUMENTS PRODUCED FOR IN CAMERA INSPECTION

          Clarice V. Beck, Hearing Examiner Judge.

         Summary: Hearing examiner reviewed additional documents produced by insurer on claim for attorney-client and/or work product privilege protection against disclosure.

         Held: Work product protection extended to notes of claims adjuster regarding discussions with attorney and recommendations from attorney.

         Topics:

Discovery: Claims File.

Based on review by hearing examiner, work product protection extended to notes of claims adjuster regarding discussions with attorney and recommendations from attorney.

Discovery: In Camera Inspection.

Based on review by hearing examiner, work product protection extended to notes of claims adjuster regarding discussions with attorney and recommendations from attorney.

Discovery: Privileges: Work product.

Based on review by hearing examiner, work product protection extended to notes of claims adjuster regarding discussions with attorney and recommendations from attorney.

         On April 25, 1997, the respondent presented additional documents for the Court's in camera review. The disposition for each of those documents is reflected in the following chart.

Document No.

Date

Description

Disposition

000042

09/06/96

Notes of claims adjuster regarding discussion with

Redact General Mediation information Thomas A. Marra - Produce redacted document

000044

10/17/96

Mediation/permanent partial disability notes regarding

Work product - Production denied recommendation from Attorney Dylan E. Jackson

000045

10/21/96

Notes regarding advice from Attorney Dylan E. Jackson

Work product - Production denied

000050

02/10/97

Notes of claims adjuster regarding discussion with

Work product - Production denied

000053

02/13/97, 02/14/97 & 02/18/97,

Attorney Dylan E. Jackson

000054, 000056

02/12/97

Letter from Dylan E. Jackson to Diane Nelson, Travelers

Work product - Production denied

         ACCORDINGLY, IT IS HEREBY ORDERED that: Respondent must produce number 000042 (with General Mediation information redacted).

         This Order is signed by the Hearing Examiner at the direction of the Judge of ...


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