CompFox AI Summary
This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that denied sanctions, costs, and attorney's fees against the defendant. The applicant argued the defendant violated Labor Code section 4062.3 by improperly communicating with a Qualified Medical Evaluator (QME). The WCAB denied reconsideration, finding no violation of the prohibition against ex parte communications because the applicant's attorney was copied on the communication. Furthermore, any alleged procedural defect in serving information on the QME was either waived or not sufficiently prejudicial to warrant the requested relief. The Board also affirmed the denial of sanctions, finding no evidence of bad faith tactics by the defendant.
Full Decision Text1 Pages
This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that denied sanctions, costs, and attorney's fees against the defendant. The applicant argued the defendant violated Labor Code section 4062.3 by improperly communicating with a Qualified Medical Evaluator (QME). The WCAB denied reconsideration, finding no violation of the prohibition against ex parte communications because the applicant's attorney was copied on the communication. Furthermore, any alleged procedural defect in serving information on the QME was either waived or not sufficiently prejudicial to warrant the requested relief. The Board also affirmed the denial of sanctions, finding no evidence of bad faith tactics by the defendant.
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