CompFox AI Summary
In this workers' compensation case, the defendant sought removal of a trial setting order due to an alleged ex parte communication between the applicant's attorney and the Qualified Medical Evaluator (QME). The Appeals Board granted removal, finding that the issue of the QME's report admissibility must be resolved before proceeding to trial on all issues. The Board rescinded the prior orders and remanded the matter for adjudication of the QME dispute first, noting that prejudice is not necessarily required for a violation of ex parte communication rules. This bifurcated approach aims for judicial efficiency, preventing potentially unnecessary trials if a new QME is ultimately required.
Full Decision Text1 Pages
In this workers' compensation case, the defendant sought removal of a trial setting order due to an alleged ex parte communication between the applicant's attorney and the Qualified Medical Evaluator (QME). The Appeals Board granted removal, finding that the issue of the QME's report admissibility must be resolved before proceeding to trial on all issues. The Board rescinded the prior orders and remanded the matter for adjudication of the QME dispute first, noting that prejudice is not necessarily required for a violation of ex parte communication rules. This bifurcated approach aims for judicial efficiency, preventing potentially unnecessary trials if a new QME is ultimately required.
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