Home/Case Law/JOSE ACEVES vs. FERNANDO AUTO SALES, STATE COMPENSATION INSURANCE FUND
Regular DecisionRemoval

JOSE ACEVES vs. FERNANDO AUTO SALES, STATE COMPENSATION INSURANCE FUND

Filed: May 12, 2008
San Francisco
VNO 0272543, VNO 0246317

CompFox AI Summary

The Appeals Board granted the State Compensation Insurance Fund's petition for removal, overturning an interim decision that disallowed direct testimony from defendant's medical witnesses. The Board ruled that the restrictions on direct medical witness testimony in Rules 10606 and 10727 do not apply when physicians are testifying as percipient witnesses to issues like billing practices or illegal supervision of aides, rather than about the treatment of specific injured workers. Therefore, the testimony of these physicians is now allowed at trial.

Full Decision Text1 Pages

The Appeals Board granted the State Compensation Insurance Fund's petition for removal, overturning an interim decision that disallowed direct testimony from defendant's medical witnesses. The Board ruled that the restrictions on direct medical witness testimony in Rules 10606 and 10727 do not apply when physicians are testifying as percipient witnesses to issues like billing practices or illegal supervision of aides, rather than about the treatment of specific injured workers. Therefore, the testimony of these physicians is now allowed at trial.

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