CompFox AI Summary
This case involves a petition for removal regarding an applicant's ex parte communication with a Qualified Medical Evaluator (QME) after her psychiatric examination. The defendant argued the applicant's phone call, seeking advice for obsessive thoughts, violated Labor Code section 4062.3, which prohibits ex parte communications with QMEs. The Board majority found the communication was "in the course of the examination" due to its proximity in time and subject matter to the evaluation, thus denying the petition. A dissenting opinion argued the call, initiated six weeks post-examination for emergency advice, fell outside the statutory exceptions.
Full Decision Text1 Pages
This case involves a petition for removal regarding an applicant's ex parte communication with a Qualified Medical Evaluator (QME) after her psychiatric examination. The defendant argued the applicant's phone call, seeking advice for obsessive thoughts, violated Labor Code section 4062.3, which prohibits ex parte communications with QMEs. The Board majority found the communication was "in the course of the examination" due to its proximity in time and subject matter to the evaluation, thus denying the petition. A dissenting opinion argued the call, initiated six weeks post-examination for emergency advice, fell outside the statutory exceptions.
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