United States District Court, C.D. California
[PROPOSED] ADDENDUM TO PROTECTIVE ORDER ADDENDUM TO
MICHAEL R. WILNER United States Magistrate Judge
November 29, 2016, this Court entered a Stipulated Protective
Order to be applied to the production of medical and personal
information in this litigation. See Docket No. 27
(the “Protective Order”). The Protective Order
states as follows with respect to information produced by a
“The terms of this Order are applicable to information
produced by a Non-Party in this Action and designated as
‘CONFIDENTIAL.' Such information produced by
Non-Parties in connection with this litigation is protected
by the remedies and relief provided by this Order. Nothing in
these provisions should be construed as prohibiting a
Non-Party from seeking additional protections.”
Order, Docket No. 27, Section 9 (a).
prior to the Court's entry of the Protective Order,
Continental Casualty Company (“Continental
Casualty”) issued a subpoena (the
“Subpoena”) to Sedgwick Claim Management Services
(“Sedgwick”), which is a third party
administrator The Subpoena seeks production of workers'
compensation claim files of injured workers employed by The
Kroger Company (“Kroger”) that are not parties to
this action. The claim files contain sensitive medical and
personal information (“Confidential Information”)
pertaining to Kroger's injured employees.
a Non-Party to this litigation, is concerned that, despite
Section 9(a) of the Protective Order, its production of
documents containing Confidential Information could
constitute a violation of, among other things, California
Labor Code Section 3762(c) (which applies to third party
administrators and limits disclosure of medical information
pertaining to injured workers to the diagnosis and treatment
of the work injury). Accordingly, Sedgwick requests
“additional protections” (referenced in Section
9(a) of the Protective Order) in the form of this Addendum to
the Protective Order.
GOOD CAUSE STATEMENT FOR THIS ADDENDUM
Good Cause Statement of the Protective Order is incorporated
by reference to the extent applicable. In addition to the
case law cited in that Good Cause Statement (pertaining to
the need for the protection of Confidential Information),
California Labor Code Section 3762(c) is specific to
workers' compensation claim file information and applies
to third party administrators, such as Sedgwick. It states as
An insurer, third-party administrator retained by a
self-insured employer pursuant to Section 3702.1 to
administer the employer's workers' compensation
claims, and those employees and agents specified by a
self-insured employer to administer the employer's
workers' compensation claims, are prohibited from
disclosing or causing to be disclosed to an employer, any
medical information, as defined in Section 56.05 of the Civil
Code, about an employee who has filed a workers'
compensation claim, except as follows:
(1) Medical information limited to the diagnosis of the
mental or physical condition for which workers'
compensation is claimed and the treatment provided for this
(2) Medical information regarding the injury for which
workers' compensation is claimed that is necessary for
the employer to have in order for the employer to modify the
employee's work duties.
Cal. Lab. Code § 3762(c).
undisputed that the claim files requested by the Subpoena
contain Confidential Information, including the medical
information referenced in California Labor Code section 3762.
As a third party administrator subject to California Labor
Code section 3762, Sedgwick is accountable for maintaining
the Confidential Information of the injured workers contained
in their claim files, particularly when such information
includes sensitive medical history, medical conditions,
diagnosis and treatment.
the injured workers' claim files containing Confidential
Information to public disclosure could violate statutory
restrictions and expose the injured workers to annoyance,
embarrassment, harassment, oppression, or undue burden or
expense. See Fed. R. Civ. P. 26(c)(1). heightened
concern regarding confidentiality arises where, as here, the
information sought belongs to ...