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

Review the primary official source.

Medical, payroll, job-duty, and prior-claim records can determine a workers’ compensation dispute, but a broad demand does not become enforceable merely because it is labeled urgent. California DWC guidance distinguishes subpoenas for testimony from subpoenas duces tecum for documents and identifies filing and service prerequisites.

Confirm that an adjudicated case exists

DWC Information and Assistance Guide 22 states that subpoenas may not be legally served before an Application for Adjudication has been filed and a case number issued. Confirm the venue, parties, case number, and the records custodian before preparing process. A public-records request to DWC is a different procedure.

Select the form and describe the records

WCAB Form 30 is used to compel a witness to appear at trial; Form 32, subpoena duces tecum, addresses production of documents and deposition attendance. Identify a reasonable date range and specific categories tied to disputed issues. Avoid requesting privileged, sealed, or unrelated personal information.

Obtain issuance and complete service

DWC’s guide explains that the form requires the signature of the presiding judge for the district office with venue and must be served on the person or custodian asked to appear or produce records. Copies also must be served as required on the parties. Calendar compliance time, method, witness or records fees where applicable, and proof of service.

Audit the production and protect confidentiality

Index what was requested, received, withheld, redacted, or produced later. Preserve custodian declarations and objections. Medical and personnel information should be handled under applicable privacy and protective rules; a subpoena is not permission to publish sensitive records or use them outside the proceeding. Raise an incomplete response through the proper WCAB process rather than silently assuming missing records do not exist.