CompFox AI Summary
The Workers' Compensation Appeals Board rescinded the original Findings and Award, returning the case for further proceedings. The Board found the Qualified Medical Examiner's (QME) report inadmissible due to a violation of Labor Code section 4628 concerning the disclosure of individuals assisting in examinations. Additionally, the Board noted potential reliance on an incorrect legal theory by the QME regarding the rating of subjective complaints without objective findings. The matter is remanded for further development of the record, including a supplemental report from the QME that complies with legal requirements.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded the original Findings and Award, returning the case for further proceedings. The Board found the Qualified Medical Examiner's (QME) report inadmissible due to a violation of Labor Code section 4628 concerning the disclosure of individuals assisting in examinations. Additionally, the Board noted potential reliance on an incorrect legal theory by the QME regarding the rating of subjective complaints without objective findings. The matter is remanded for further development of the record, including a supplemental report from the QME that complies with legal requirements.
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