THIS FILING SUBMITTED ON RECYCLED PAPER
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    MORTON F. DOROTHY,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB No. 05-49
    )
    FLEX-N-GATE CORPORATION,
    )
    an Illinois corporation,
    )
    )
    Respondent.
    )
    NOTICE OF FILING
    TO:
    Ms. Dorothy M. Gunn
    Carol Webb, Esq.
    Clerk of the Board
    Hearing Officer
    Illinois Pollution Control Board
    Illinois Pollution Control Board
    100 West Randolph Street
    1021 North Grand Avenue East
    Suite 11-500
    Post Office Box 19274
    Chicago, Illinois 60601
    Springfield, Illinois 62794-9274
    (VIA ELECTRONIC MAIL)
    (VIA ELECTRONIC MAIL)
    PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
    the Illinois Pollution Control Board
    FLEX-N-GATE CORPORATION’S RESPONSE
    TO COMPLAINANT’S REQUEST FOR PRODUCTION OF MEDICAL
    SURVEILLANCE RECORDS,
    a copy of which is herewith served upon you.
    Respectfully submitted,
    FLEX-N-GATE CORPORATION,
    Respondent,
    Dated: October 19, 2006
    By:/s/ Thomas G. Safley
    One of Its Attorneys
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 19, 2006
    CERTIFICATE OF SERVICE
    I, Thomas G. Safley, the undersigned, certify that I have served the attached
    FLEX-N-GATE CORPORATION’S RESPONSE TO COMPLAINANT’S REQUEST
    FOR PRODUCTION OF MEDICAL SURVEILLANCE RECORDS upon:
    Ms. Dorothy M. Gunn
    Clerk of the Board
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    Carol Webb, Esq.
    Hearing Officer
    Illinois Pollution Control Board
    1021 North Grand Avenue East
    Post Office Box 19274
    Springfield, Illinois 62794-9274
    via electronic mail on October 19, 2006; and upon:
    Mr. Morton F. Dorothy
    104 West University, SW Suite
    Urbana, Illinois 61801
    by depositing said documents in the United States Mail in Springfield, Illinois, postage
    prepaid, on October 19, 2006.
    /s/ Thomas G. Safley
    Thomas G. Safley
    GWST:003/Fil/NOF and COS – Response to Medical Records Request
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 19, 2006
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    MORTON F. DOROTHY,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB No. 05-49
    )
    (Enforcement)
    FLEX-N-GATE CORPORATION,
    )
    an Illinois corporation,
    )
    )
    Respondent.
    )
    FLEX-N-GATE CORPORATION’S RESPONSE TO COMPLAINANT’S
    REQUEST FOR PRODUCTION OF MEDICAL SURVEILLANCE RECORDS
    NOW COMES Respondent, FLEX-N-GATE CORPORATION (“Flex-N-Gate”)
    and for its Response to Complainant’s Request for Production of Medical Surveillance
    Records (“Request for Medical Records”), states as follows:
    GENERAL OBJECTIONS
    1.
    Flex-N-Gate objects to Complainant’s Request for Medical Records on the
    grounds that it seeks the production of information that is irrelevant and is not otherwise
    calculated to lead to the discovery of information that would be relevant and admissible
    at hearing, in violation of the Illinois Pollution Control Board’s (“Board”) procedural
    rules at 35 Ill. Admin. Code § 101.616(a).
    2.
    Flex-N-Gate objects to Complainant’s Request for Medical Records on the
    grounds that the requested documents are privileged and thus protected from disclosure
    and as such are not subject to disclosure pursuant to Illinois Supreme Court Rule 201.
    3.
    Flex-N-Gate objects to Complainant’s Request for Medical Records on the
    grounds that Complainant’s Request for Medical Records does not conform to the
    requirements of Illinois Supreme Court Rule 214. Specifically, Complainant’s Request
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 19, 2006
    2
    for Medical Records is not properly formatted and does not inform Flex-N-Gate of its
    obligation to respond as required by Illinois Supreme Court Rule 214.
    4.
    Flex-N-Gate objects to Complainant’s Request for Medical Records on the
    grounds that Complainant has requested this information after the time for written
    discovery has elapsed. On December 13, 2005, the Hearing Officer entered an Order
    stating that the deadline for written discovery in this matter was February 14, 2006.
    Complainant’s Request for Medical Records was received by Flex-N-Gate on
    September 25, 2006.
    RESPONSE TO REQUEST FOR MEDICAL RECORDS
    1.
    Flex-N-Gate hereby restates its general objections above in response to
    Complainant’s Request for Medical Records. Flex-N-Gate further objects to
    Complainant’s Request for Medical Records on the grounds that to comply with
    Complainant’s request would subject Flex-N-Gate to legal liability arising from the
    unauthorized release of medical information. Specifically, Flex-N-Gate has reviewed 29
    C.F.R. § 1910.120(f)(2)(ii) (the statutory provision cited by the Complainant in his
    Request for Medical Records) and has been unable to find any language contained in
    either the provision or the Occupational Health and Safety Act, of which the provision is
    a part, that purports to viciate the protected and privileged status of the information
    requested. Without waiving these objections, Flex-N-Gate states that, to the extent that
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 19, 2006
    3
    Complainant’s Request for Medical Records seeks medical records pertaining to
    Complainant, Flex-N-Gate is unaware of any documents responsive to this request.
    Respectfully submitted,
    FLEX-N-GATE CORPORATION,
    Respondent,
    By:/s/ Thomas G. Safley
    One of Its Attorneys
    Date: October 19, 2006
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    GWST:003/Fil/Response to RFP - Medical
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 19, 2006

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