California Court of Appeal
Alvarez v. Workers' Comp. Appeals Bd., B218847
In claimant's petition for worker's compensation death benefits, a decision of the Workers' Compensation Appeals Board (WCAB) denying claimant's petition for a new panel qualified medical evaluator under section 4062.3(f) is annulled and remanded as section 4062.3 expressly prohibits ex parte communications with a panel qualified medical evaluator, with the only exception being for communications by the employee or deceased employee's dependent in connection with an examination, and in the event of unauthorized ex parte communication permits the aggrieved party to obtain a new evaluation from another panel qualified medical evaluator.
Appellate Information
- Decided 05/14/2010
- Published 05/14/2010
Judges
- MOSK, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Law Offices of Carl A. Feldman, Carl A. Feldman, Susan Garrett for Petitioner.
- For Appellees:
- Suzanne Ah-Tye, Patricia Brown Hein and David M. Goi for Respondents State Compensation Insurance Fund and Andromeda Entertainment Inc., No appearance for Respondent Workers' Compensation Appeals Board.