CompFox AI Summary
The Appeals Board granted removal, rescinded the prior Findings and Order, and returned the case to the trial level. The Board found that the applicant did not engage in ex parte communication with the Qualified Medical Evaluator (QME) because the communication was simultaneously served on opposing counsel. However, the applicant's letter and enclosed DEU rating were deemed "information" subject to Labor Code section 4062.3(b), which requires 20-day advance service on the opposing party, a requirement that was violated. Despite this violation, the Board determined that a replacement QME panel was an improper remedy due to the extensive history with the current QME and the lack of demonstrable prejudice to the defendant.
Full Decision Text1 Pages
The Appeals Board granted removal, rescinded the prior Findings and Order, and returned the case to the trial level. The Board found that the applicant did not engage in ex parte communication with the Qualified Medical Evaluator (QME) because the communication was simultaneously served on opposing counsel. However, the applicant's letter and enclosed DEU rating were deemed "information" subject to Labor Code section 4062.3(b), which requires 20-day advance service on the opposing party, a requirement that was violated. Despite this violation, the Board determined that a replacement QME panel was an improper remedy due to the extensive history with the current QME and the lack of demonstrable prejudice to the defendant.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.