Home/Case Law/JAMES ALLIVATO vs. CENTRAL VALLEY MECHANICAL, STATE COMPENSATION INSURANCE FUND
Regular DecisionRegular Panel Decision

JAMES ALLIVATO vs. CENTRAL VALLEY MECHANICAL, STATE COMPENSATION INSURANCE FUND

Filed: Jan 06, 2010
ADJ971006 (SJO 0265027) ADJ383356 (SJO 0265034)

CompFox AI Summary

The Workers' Compensation Appeals Board granted the defendant's petition for removal, finding that Dr. Fujimoto, the agreed medical evaluator (AME), engaged in prohibited ex parte communications with the applicant and his civil attorney. These communications violated Labor Code section 4062.3(f) by occurring without the defendant's presence and not in writing. Consequently, the prior order denying the defendant's petition to strike Dr. Fujimoto was rescinded, and a new AME must be selected.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the defendant's petition for removal, finding that Dr. Fujimoto, the agreed medical evaluator (AME), engaged in prohibited ex parte communications with the applicant and his civil attorney. These communications violated Labor Code section 4062.3(f) by occurring without the defendant's presence and not in writing. Consequently, the prior order denying the defendant's petition to strike Dr. Fujimoto was rescinded, and a new AME must be selected.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

JAMES ALLIVATO vs. CENTRAL VALLEY MECHANICAL, STATE COMPENSATION INSURANCE FUND (2010) – | CompFox