CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded the original Findings and Order due to issues surrounding ex parte communication with a Qualified Medical Evaluator (QME) and the admissibility of his reports. The WCAB found that the record was unclear regarding whether the applicant's wife's communications and notes provided to the QME constituted a violation of Labor Code section 4062.3 and whether the employer objected in a timely manner. Consequently, the case was returned to the trial level for further proceedings to clarify these evidentiary and procedural issues. The WCAB also affirmed the trial judge's discretion to defer other issues for later adjudication.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded the original Findings and Order due to issues surrounding ex parte communication with a Qualified Medical Evaluator (QME) and the admissibility of his reports. The WCAB found that the record was unclear regarding whether the applicant's wife's communications and notes provided to the QME constituted a violation of Labor Code section 4062.3 and whether the employer objected in a timely manner. Consequently, the case was returned to the trial level for further proceedings to clarify these evidentiary and procedural issues. The WCAB also affirmed the trial judge's discretion to defer other issues for later adjudication.
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