Opinion
Civil No. 99cv2276-BTM (JFS)
January 5, 2001
ORDER GRANTING DEFENDANTS' MOTION TO COMPEL VOCATIONAL REHABILITATION EXAMINATION
A hearing on the motion by Defendants to compel the vocational rehabilitation examination of Plaintiff, Thomas H. Houghton, by Defendants' designated vocational expert, Dr. Edward L. Workman, came on regularly for hearing in Courtroom B of the above-entitled Court on December 28, 2000. Defendants submitted an informal letter brief on December 14, 2000. Plaintiff submitted an opposition brief on December 20, 2000. Defendants submitted a reply brief on December 22, 2000. Having considered the briefs submitted by the parties, and after hearing oral argument, the Court finds good cause for the examination to go forward as set forth below.
IT IS HEREBY OPDERED THAT:
1. The vocational rehabilitation examination shall go forward in the offices of Dr. Workman located at 1044 Calle Recodo, Suite B, San Clemente, California, on January 5, 2001. Defendants shall either arrange for Plaintiff's transportation to and from the examination, or reimburse Plaintiff his costs in providing his own transportation. Defendants shall also pay all other costs associated with the examination, including any court reporter fees.
2. Defendants shall pay any documented wage loss incurred by Plaintiff as a result of attending the examination.
3. The examination shall begin at 10:00 a.m., and shall last no more than three (3) hours. The oral interview portion of the examination shall last no more that one and one-half (1 1/2) hours. Plaintiff may have a court reporter present to record the proceedings.
4. Forty-eight (48) hours prior to the examination, Defendants shall provide a letter to Plaintiff, by facsimile transmission, which sets forth the specific testing to be conducted by Dr. Workman at the examination. Should Plaintiff object to any of the testing, he shall immediately contact the Court.
5. During the oral interview portion of the examination, Dr. Workman may ask questions related to Plaintiff's future employability, such as Plaintiff's past work history, education and vocational training, present physical and emotional problems, work skills and interests, and efforts to obtain alternative employment. Dr. Workman shall not ask questions relating to the incident at sea which led to Plaintiff's back injury, nor shall he perform any physical examination of Plaintiff.
6. The examination shall be conducted without the presence of attorneys.
7. Dr. Workman shall prepare a full written report of his examination and his conclusions and make a copy of the report available to Plaintiff's counsel. He shall also submit to deposition by Plaintiff's counsel.
IT IS SO ORDERED.