CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinded the WCJ's Findings and Order, and returned the matter for further proceedings. The WCJ had incorrectly found a violation of Labor Code section 4062.3(b) by the defendant for ex parte communication with a QME, when service was simultaneous and thus not ex parte. However, the Board found that the enclosed records likely constituted "information" under section 4062.3(b), requiring 20-day advance service, which the WCJ failed to properly analyze as per the Suon precedent. The Board remanded the case for the WCJ to determine the appropriate remedy for this violation, considering the Suon factors.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinded the WCJ's Findings and Order, and returned the matter for further proceedings. The WCJ had incorrectly found a violation of Labor Code section 4062.3(b) by the defendant for ex parte communication with a QME, when service was simultaneous and thus not ex parte. However, the Board found that the enclosed records likely constituted "information" under section 4062.3(b), requiring 20-day advance service, which the WCJ failed to properly analyze as per the Suon precedent. The Board remanded the case for the WCJ to determine the appropriate remedy for this violation, considering the Suon factors.
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