CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the judge's order denying a new Qualified Medical Evaluator (QME) panel. This decision stems from the applicant's ex parte communication with the existing QME, which violated Labor Code section 4062.3. The Board found this violation warrants a new QME panel to ensure impartiality, as prejudice need not be shown. The parties are now ordered to select a new QME, with all other issues deferred.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the judge's order denying a new Qualified Medical Evaluator (QME) panel. This decision stems from the applicant's ex parte communication with the existing QME, which violated Labor Code section 4062.3. The Board found this violation warrants a new QME panel to ensure impartiality, as prejudice need not be shown. The parties are now ordered to select a new QME, with all other issues deferred.
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