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Cartwright v. Midtown Hosp.

Superior court did not have jurisdiction to consider claimant's appeal from Workers' Compensation Board's ruling on a discovery dispute.

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We granted Cynthia J. Cartwright’s application for discretionary appeal from the superior court’s order affirming a workers’ compensation ruling which denied her motion to compel an expert witness to provide his social security number during his deposition. While we find no error in the trial court’s ruling, we vacate the judgment and remand this case because the superior court lacked jurisdiction to decide the case.

In this case, Midtown Hospital, the employer, hired a physician to review the case and to testify as an expert regarding certain medical issues arising out of Cartwright’s underlying workers’ compensation claim for Hepatitis C infection. During the physician’s deposition, Cartwright requested the expert’s social security number, which he refused to divulge. The ALJ later denied Cartwright’s motion to compel the production of the expert’s social security number. The appellate division affirmed the ALJ’s decision. Thereafter, Cartwright appealed to the Superior Court of Fulton County which affirmed the decision of the Workers’ Compensation Board board. Cartwright filed her application for discretionary appeal therefrom.

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