The insurer brought a motion requesting the production of unredacted treating psychotherapist records and the claimant brought a motion to exclude certain records from the insurer’s brief. Adjudicator Paluch found that the psychotherapist notes were prepared to document the claimant’s treatment and not for the sole purpose of litigation, therefore, litigation privilege did not apply. Adjudicator Paluch found that there was no solicitor-client relationship between the psychotherapist and claimant nor between the psychotherapist and claimant’s counsel. Adjudicator Paluch granted the insurer’s motion. Adjudicator Paluch found that the requested IE reports and CNRs were received via email correspondence on the due date. Further, Adjudicator Paluch noted that Rule 10 only applied to expert witnesses and the person who compiled the Facebook pages and the investigator who conducted the surveillance were not listed witnesses in the Order. Adjudicator Paluch dismissed the claimant’s motion. The claimant later withdrew the application.
