Home/Case Law/Alma Lopez Castaneda vs. Forever 21, New Hampshire Insurance, Broadspire
Regular DecisionReconsideration

Alma Lopez Castaneda vs. Forever 21, New Hampshire Insurance, Broadspire

Filed: Oct 18, 2016
Los Angeles
ADJ9667162 ADJ9793109

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The Workers' Compensation Appeals Board denied Forever 21's Petition for Reconsideration, upholding the WCJ's order for a replacement QME panel. The defendant's submission of a letter to the QME referencing the applicant's deposition testimony, after the applicant objected to it as non-medical information, constituted a violation of Labor Code section 4062.3. While not deemed a prohibited ex parte communication, the Board found defendant's action violated the statutory requirement to withhold such information pending WCJ adjudication. Consequently, the applicant was entitled to a new QME evaluation as a remedy for this procedural violation.

Full Decision Text1 Pages

Here's a summary of the case in four sentences for a lawyer:

The Workers' Compensation Appeals Board denied Forever 21's Petition for Reconsideration, upholding the WCJ's order for a replacement QME panel. The defendant's submission of a letter to the QME referencing the applicant's deposition testimony, after the applicant objected to it as non-medical information, constituted a violation of Labor Code section 4062.3. While not deemed a prohibited ex parte communication, the Board found defendant's action violated the statutory requirement to withhold such information pending WCJ adjudication. Consequently, the applicant was entitled to a new QME evaluation as a remedy for this procedural violation.

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