CompFox AI Summary
The Appeals Board dismissed the applicant's petition for reconsideration, treating it as a petition for removal. Removal was granted because the applicant's emails to the psychiatric QME, sent shortly after the examination, were deemed not to be prohibited ex parte communications under Labor Code section 4062.3(i). Consequently, the WCJ's order striking the QME's report was rescinded, and the report was admitted into evidence. The Board also affirmed the denial of the defendant's motion to strike other applicant exhibits.
Full Decision Text1 Pages
The Appeals Board dismissed the applicant's petition for reconsideration, treating it as a petition for removal. Removal was granted because the applicant's emails to the psychiatric QME, sent shortly after the examination, were deemed not to be prohibited ex parte communications under Labor Code section 4062.3(i). Consequently, the WCJ's order striking the QME's report was rescinded, and the report was admitted into evidence. The Board also affirmed the denial of the defendant's motion to strike other applicant exhibits.
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