CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) amended an earlier decision, affirming the termination of a Qualified Medical Evaluator (QME) and the requirement for a new QME panel due to the defendant's procedural violation. The defendant violated Labor Code section 4062.3(b) by submitting a job description to the QME without serving it on the applicant 20 days prior. While this was not deemed an ex parte communication, the WCAB agreed that a new QME was necessary to preserve the integrity of the medical-legal process. The order for attorney's fees under section 4062.3(h) was rescinded as it specifically applies to ex parte communications.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) amended an earlier decision, affirming the termination of a Qualified Medical Evaluator (QME) and the requirement for a new QME panel due to the defendant's procedural violation. The defendant violated Labor Code section 4062.3(b) by submitting a job description to the QME without serving it on the applicant 20 days prior. While this was not deemed an ex parte communication, the WCAB agreed that a new QME was necessary to preserve the integrity of the medical-legal process. The order for attorney's fees under section 4062.3(h) was rescinded as it specifically applies to ex parte communications.
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