BRENT REYNOLDS vs. HOSTESS BRANDS, FORMERLY SELF-INSURED ADMINISTERED BY SELFINSURED SECURITY FUND VIA TRISTAR

The Workers' Compensation Appeals Board denied Hostess Brands' Petition for Reconsideration. The Board adopted the reasoning of the Administrative Law Judge (ALJ) who found that while Hostess Brands' communication regarding a non-refundable deposit for an Agreed Medical Evaluator's deposition was not in bad faith, it constituted an ex parte communication in violation of Labor Code section 4062.3(f). The ALJ also found the Applicant's counsel violated the same section by communicating with the evaluator without consulting the defense. As both parties violated the statute, the ALJ denied competing petitions for costs and sanctions, a decision affirmed by the Board.