How to Get a Subpoena in Georgia Workers Compensation

Issuing a Subpoena in Georgia Workers Compensation

In Georgia workers compensation cases, a subpoena compels a witness or records custodian to produce documents or testify. Because Georgia's workers comp system is administrative rather than court-based, the process follows the rules of the Georgia State Board of Workers Compensation, not ordinary civil procedure. You typically need a subpoena to obtain medical records held by a third party, testimony from a treating physician who will not voluntarily appear, or employment records from an out-of-state employer. The Board will quash or modify a subpoena that is overly broad, unduly burdensome, or seeks privileged information, so precision matters from the start.

Who Can Issue a Subpoena

In Georgia, the parties to a workers comp claim — the employee, the employer, and the insurance carrier — may issue subpoenas. An attorney representing any party can sign and serve a subpoena, but it must be filed with the Board and served properly to be enforceable. The Board does not issue subpoenas on its own motion in most instances; the requesting party must initiate the process and bear the cost of service. If you are self-represented, you can still prepare and serve a subpoena, but the Board's staff cannot advise you on drafting it.

Filing the Subpoena with the Board

Once drafted, the subpoena must be filed with the Georgia State Board of Workers Compensation and a copy provided to all parties of record. Georgia law requires that the subpoena describe with specificity the documents sought or the testimony needed. Vague requests like 'all medical records' are frequently rejected or limited by the Board. Attach a clear list of the exact dates, providers, or categories of records. Include the name, address, and telephone number of the person who must produce the evidence, as the Board uses this information to verify service and enforce compliance.

Service Requirements Under Georgia Law

A subpoena in a Georgia workers comp case must be served according to Georgia's rules of civil procedure or as otherwise directed by the Board. Personal service is preferred, but service by certified mail, return receipt requested, is also acceptable for many witnesses. For corporate entities or government agencies, service on an officer, managing agent, or records custodian is typically required. Proof of service — such as a signed return receipt or an affidavit from the server — must be filed with the Board. Without proof, the subpoena cannot be enforced, and the Board may deny any request to compel production at the hearing.

Compelling Testimony and Document Production

If a witness fails to appear after proper service, you can file a motion to compel with the Board. Georgia law allows the Board to hold a non-compliant witness in contempt, but the enforcement mechanism is administrative rather than criminal. The Board can order the witness to appear and produce documents, and failure to obey that order can affect the outcome of the claim. For documents held by out-of-state entities, you may need to domesticate the subpoena in the relevant state, which adds time and cost. Plan for these scenarios early, especially when the evidence is critical to establishing the nature and extent of injury.

Privileges and Limits on Subpoenaed Material

Not all requested material will be discoverable. Georgia workers comp law protects certain communications, including attorney-client privilege and work product. Medical records related to treatment for the compensable injury are generally discoverable, but records of pre-existing conditions may be limited to what is relevant. The Board can quash a subpoena that seeks privileged information or imposes an undue burden. Objections to a subpoena must be raised promptly and in writing, specifying the privilege or burden claimed.