CompFox AI Summary
The Workers' Compensation Appeals Board granted removal and rescinded a prior order that denied the defendant's motion for a new Qualified Medical Examiner (QME). The Board found that the applicant's post-evaluation, unserved letter to the QME constituted an ex parte communication, which is prohibited by statute and requires a new QME panel. Consequently, the QME's reports were stricken, and a new panel was ordered. The defendant's petition for reconsideration was dismissed as the original order was procedural, not final.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted removal and rescinded a prior order that denied the defendant's motion for a new Qualified Medical Examiner (QME). The Board found that the applicant's post-evaluation, unserved letter to the QME constituted an ex parte communication, which is prohibited by statute and requires a new QME panel. Consequently, the QME's reports were stricken, and a new panel was ordered. The defendant's petition for reconsideration was dismissed as the original order was procedural, not final.
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