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In re Guzman5/4/2000
This Petition for Writ of Mandamus requests that we compel the trial court to withdraw its order requiring Relator to execute authorizations for the release of documents in the possession of non- parties.
Relator was the driver of a truck which was involved in a collision in which Domingo Vargas, Sr., was killed. His heirs and survivors sued relator, relator's employer, Bicentennial Trucking, Inc., Haas Anderson and Warning Lites, Inc. for wrongful death and survivor benefits. Relator and Bicentennial settled with the Vargas plaintiffs. The litigation underlying this mandamus action is the claim by Haas Anderson and Warning Lites for contribution and indemnity from relator and Bicentennial for any sums for which they may be held liable in the Vargas litigation. They allege that relator was incompetent and unfit to safely drive the vehicle owned by Bicentennial and that it knew or should have known of his incompetence and unfitness and that it was negligent in hiring relator.
Pursuant to Rule 196, Haas Anderson requested the production of documents from relator. Tex. R. Civ. P. 196. Subsequently, it filed a motion to compel discovery and for sanctions because relator did not furnish all the information requested. In its motion to compel and in argument before the trial court, Haas Anderson, respondent, seeks to compel relator to produce authorizations signed by relator so that respondent can obtain his "drivers history, medical history, employment history and worker's compensation claims." In addition, at the hearing, respondent mentioned that medical history would also include Veteran's Administration Records. It is undisputed that at this time no authorization for respondent to obtain any of the information sought exists.
Respondent sought, and the trial court ordered, that relator complete and sign the three forms entitled: "Consent for Release of Medical Information," "Consent for Release of Confidential Worker's Compensation Information," and "Consent for Release of Employment Information." Each of the three forms begins as follows:
NAME: ESPIRIDION GUZMAN
D/O/B:
S.S. #:
The forms then recite: "I, Espiridion Guzman, . . . do hereby consent to the release of the following information and items to" Respondent's counsel. The release of medical information further provides that the release of the records is to be made "pursuant to the Medical Practice Act, Article 4495b, V.A.T.S." Each of the forms then provides the details of the Respondent's request. The "Consent for Release of Medical Information" states that Respondent seeks:
Any and all medical and billing records and reports concerning the identity, diagnosis, examination, evaluation, history and treatment pertaining to ESPIRIDION GUZMAN for any and all physical and/or mental injury and illness, including any counseling or therapy for mental or emotional distress.
Similarly, the "Consent for Release of Confidential Worker's Compensation Information" requests:
Any and all information concerning any of my worker's compensation claims or files which may be protected by any provision of Article 8307, Section 91, Texas Revised Civil Statutes.
Finally, the "Consent for Release of Employment Information" requests:
Any and all employment records and reports concerning, but not limited to, my job status, rate of pay, commissions, tips, work history, evaluations by superiors and/or supervisors, W-2 forms, absenteeism, prior work-related injuries, job applications, and periodic work performance reviews.
All three forms further recite that Guzman "understand . . . that the above lis
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