S.T. v. Wawanesa Mutual Insurance Company (17-003874)

The insurer sought production of the settlement documents from an earlier accident the claimant was involved in. Adjudicator Neilson ordered the records produced. She held that it was relevant to the current dispute what the claimant was paid in her earlier claim, and how the benefits were allocated. She noted that there was no evidence that the earlier claim was settled as part of litigation, so no settlement privilege applied. However, even if settlement privilege had applied, she wrote that the public policy against double recovery or overcompensation would require the claimant to produce the settlement disclosure notice.