Case Law Database

MARIA GARIBAY vs. CARL KARCHER ENTERPRISES RESTAURANTS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied the Petition for Reconsideration in Maria Garibay's case. The denial was based on the finding that the parties failed to follow the mandatory procedure outlined in Labor Code section 4062.2 for obtaining a medical-legal evaluation. This statute dictates a specific process involving agreement or a QME panel selection, which was not demonstrated to have been followed in this case. Therefore, the petition was denied as the necessary procedural requirements were not met.