CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the defendant's petition for removal as moot because the AME examination date had passed. The defendant sought to prevent the applicant's attorney from having ex parte communications with the AME. While dismissing the petition, the Board clarified that ex parte communications with an AME are prohibited under Labor Code section 4062.3(f) and can result in significant penalties. These penalties include the aggrieved party's ability to terminate the evaluation and seek a new one, as well as sanctions for costs and attorney's fees.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendant's petition for removal as moot because the AME examination date had passed. The defendant sought to prevent the applicant's attorney from having ex parte communications with the AME. While dismissing the petition, the Board clarified that ex parte communications with an AME are prohibited under Labor Code section 4062.3(f) and can result in significant penalties. These penalties include the aggrieved party's ability to terminate the evaluation and seek a new one, as well as sanctions for costs and attorney's fees.
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