First DCA Quashes Order Requiring Disclosure Of Attorney-Client Privileged Materials

The First District Court of Appeal recently issued an opinion quashing an order issued by a Judge of Compensation Claims ("JCC") that required disclosure of attorney-client privileged materials. In its opinion in Lacaretta Restaurant and Zenith Insurance Company v. Engelds Zepeda, 38 Fla. L. Weekly D1385a (1st DCA 6/24/13), the First DCA set forth the requirements for obtaining review and reversal of such an order.

In Lacaretta, the JCC entered a discovery order that compelled the Employer/Carrier to produce various documents, including a note made by the adjuster in an internal paperless communication/documentation system that memorialized a meeting with in-house counsel and another note made in that same system by in-house counsel herself. The Employer/Carrier challenged the JCC's ruling as it related to those two notes.