In Richards v. Superior Court (1968) 258 Cal. App. 2d 635, the court upheld a motion to quash a civil subpoena for medical records and deposition testimony that sought to compel testimony and documents from a physician who, under contract with the State of California Department of Employment, had examined the plaintiff in connection with his claim for disability benefits following the accident that gave rise to his lawsuit. The court held that notwithstanding the plaintiff's "consent" to the disclosure of the medical information by having tendered the issue of his medical condition, the Department of Employment had an absolute privilege under Evidence Code section 1040, subdivision (b)(1), and Unemployment Insurance Code sections 2111 and 2714, not to produce the examining physician and his records.