Getting Records in a California Workers’ Comp Case: Using a WCAB Subpoena

Review the primary DWC guide to obtaining subpoena forms.

A subpoena duces tecum is formal process requiring production of specified records. It differs from asking your former employer for a personnel file or requesting your own clinic records. In a WCAB case, identify what document is missing, who actually holds it and which disputed issue it could answer before preparing the demand. An urgent label does not replace proper issuance, service or privacy protections.

Confirm that an adjudicated case exists

DWC Information and Assistance Guide 22 says subpoenas may not be legally served before an Application for Adjudication has been filed and a case number issued. Current Rule 10640 requires WCAB-approved forms and an ADJ case number. The insurance administrator’s claim number is not a substitute for the adjudication number.

The downloadable Form 32 still displays legacy instructions for certain 1990–1993 injuries without an application. Do not use that printed passage to assume current process may be served without an ADJ number; review the governing rule and obtain case-specific help. A public-records request to DWC is also a different procedure from obtaining a provider’s records in your claim.

Select the form and describe the records

Guide 22 distinguishes Form 30 for trial attendance from Form 32 for records and deposition attendance. Identify the records custodian and the precise category, dates and issue. For example, a request for the actual lumbar MRI images is different from requesting only the radiologist’s written interpretation. Form 32 itself warns not to produce X-rays unless specifically mentioned.

The form also requires a declaration explaining why the requested documents are material. Explain the connection rather than demanding every medical or employment record without limits. Privilege, privacy, consumer-notice requirements or protective orders may affect the proper process; the form is not authority to obtain or publish unrelated sensitive material.

Obtain issuance and complete service

For the self-help route, Guide 22 directs the worker to presigned forms from the district office or its Information and Assistance officer and states that the forms require the presiding judge’s signature. Form 32 contains a Board issuance line and a separate declaration for the requesting representative. Signing that declaration is not the same as issuing the subpoena.

Serve the correct person or custodian and the required party copies, and retain the supporting declaration and proof of service. Guide 22 directs mailing a copy to all parties and says not to file the subpoena in the case unless the judge or I&A officer directs it. Confirm the applicable notice, compliance time, service method and fees before serving; a copied form alone does not establish compliance.

Audit the production and protect confidentiality

Compare the response with the actual request, not just the number of pages received. Did the requested study images arrive, or only a report? Does the payroll production cover the disputed pay periods? Preserve the custodian’s declaration, objections and any explanation of a missing category. An absent item is not proof it never existed.

Obtaining records does not automatically admit them at trial or authorize sending them privately to a QME. Those are separate steps. See our QME records and communications guide before transmitting new material, and review pretrial disclosure requirements with counsel. Keep medical and personnel records secure throughout.