CompFox AI Summary
The Appeals Board denied Felisa Lopez's Petition for Removal, upholding the Workers' Compensation Judge's order for her to attend an examination by Dr. Markovitz under Labor Code section 4050. While the examination is permitted, Dr. Markovitz's report will not be admissible as evidence due to discovery limitations under Labor Code sections 4061(h), 4062(a), and 4062.2. Consequently, the report cannot be shared with the Agreed Medical Evaluator, Dr. Gillis, nor can it be referenced during his deposition.
Full Decision Text1 Pages
The Appeals Board denied Felisa Lopez's Petition for Removal, upholding the Workers' Compensation Judge's order for her to attend an examination by Dr. Markovitz under Labor Code section 4050. While the examination is permitted, Dr. Markovitz's report will not be admissible as evidence due to discovery limitations under Labor Code sections 4061(h), 4062(a), and 4062.2. Consequently, the report cannot be shared with the Agreed Medical Evaluator, Dr. Gillis, nor can it be referenced during his deposition.
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