State ex rel. McConaha v. Allen

WHITE, Judge.

Appellant, John MeConaha, is seeking workers’ compensation in an action currently pending before the division of workers’ compensation. In anticipation of this litigation, Mr. McConaha’s employer, Missouri-Nebraska Express, Inc., prepared a surveillance videotape of Mr. MeConaha, for use by its medical expert in preparing a report on Mr. McConaha’s physical condition. Mr. MeConaha directed subpoenas duces te-cum to physician’s office manager and custodian of records requesting that they appear and produce the videotape. The respondent administrative law judge granted employer’s…