CompFox AI Summary
In this workers' compensation case, the defendant sought removal of the judge's findings, dismissal of the Agreed Medical Evaluator (AME), and a new panel, alleging an ex parte communication by the applicant with the AME. The Workers' Compensation Appeals Board (WCAB) denied the petition for removal, upholding the judge's decision. The WCAB found no effort to improperly influence the AME, and that the communication occurred after the record was submitted on a non-disputed issue. The WCAB agreed that excluding the specific report from the alleged ex parte communication was sufficient to protect due process.
Full Decision Text1 Pages
In this workers' compensation case, the defendant sought removal of the judge's findings, dismissal of the Agreed Medical Evaluator (AME), and a new panel, alleging an ex parte communication by the applicant with the AME. The Workers' Compensation Appeals Board (WCAB) denied the petition for removal, upholding the judge's decision. The WCAB found no effort to improperly influence the AME, and that the communication occurred after the record was submitted on a non-disputed issue. The WCAB agreed that excluding the specific report from the alleged ex parte communication was sufficient to protect due process.
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