CompFox AI Summary
The Appeals Board amended the WCJ's findings, rescinding the conclusions that the QME exhibited bias and failed to comply with time guidelines. However, the Board affirmed the WCJ's disallowance of the defendant's CHP and personnel records as irrelevant to the sole issue of injury arising out of and in the course of employment. The Board also affirmed the finding that neither treating physician's nor the QME's reports constituted substantial evidence, necessitating further development of the medical record, with parties to attempt to agree on an AME or the WCJ to appoint a physician. Commissioner Razo dissented, arguing the excluded exhibits should have been admitted for potential relevance to credibility and due process.
Full Decision Text1 Pages
The Appeals Board amended the WCJ's findings, rescinding the conclusions that the QME exhibited bias and failed to comply with time guidelines. However, the Board affirmed the WCJ's disallowance of the defendant's CHP and personnel records as irrelevant to the sole issue of injury arising out of and in the course of employment. The Board also affirmed the finding that neither treating physician's nor the QME's reports constituted substantial evidence, necessitating further development of the medical record, with parties to attempt to agree on an AME or the WCJ to appoint a physician. Commissioner Razo dissented, arguing the excluded exhibits should have been admitted for potential relevance to credibility and due process.
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