CompFox AI Summary
The Board rescinded the Finding of Fact, Order and Award due to the Qualified Medical Examiner's (QME) report's non-compliance with Labor Code section 4628. The QME falsely claimed to have personally reviewed all medical records when deposition testimony revealed a third party performed this task. This violation renders the QME's report inadmissible evidence. Consequently, the matter is returned to the WCJ for further proceedings, including potential re-trial and a new decision after a replacement QME evaluation or an agreed medical examiner. The WCJ must also address previously unresolved evidentiary issues.
Full Decision Text1 Pages
The Board rescinded the Finding of Fact, Order and Award due to the Qualified Medical Examiner's (QME) report's non-compliance with Labor Code section 4628. The QME falsely claimed to have personally reviewed all medical records when deposition testimony revealed a third party performed this task. This violation renders the QME's report inadmissible evidence. Consequently, the matter is returned to the WCJ for further proceedings, including potential re-trial and a new decision after a replacement QME evaluation or an agreed medical examiner. The WCJ must also address previously unresolved evidentiary issues.
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