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QME Ex Parte Contact Issue Addressed by California Appellate Court

The 5th Appellate District, in reversing a W.C.A.B. panel decision, has applied a strict interpretation of the rule prohibiting exparte QME contact holding any exparte contact between a party and a QME, regardless of who initiates the contact or the nature of the discussion is a violation of Labor Code...

Five Recent Cases You Should Know About (5/23/2010)

Larson’s Spotlight on Exclusivity/Slip & Fall Injury, Ex Parte Communication, Cancellation Notice, Hostages in Prison Break, and Fraud. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’ Compensation...

California: Alvarez Decision Emphasizes Importance of NEVER Communicating Ex Parte with QME

The Second Appellate District has issued a published decision in the matter of Alvarez v. WCAB which takes a literal approach to labor code 4062.3(e) which prohibits ex parte communication with the panel QME. The facts of the case best illustrate the point. In a denied death case, the panel QME...

CA: Court of Appeal Grants Rehearing in Alvarez v. WCAB (Ex Parte Communication)

LOS ANGELES, CA – The California Court of Appeal, Second District, has vacated the published decision of Alvarez v. W.C.A.B. and granted the State Compensation Insurance Fund’s petition for rehearing on June 11, 2010. In Alvarez v. W.C.A.B. (2nd—B218847), reported at 75 Cal. Comp...

California: Ex Parte Communications

What would you do in the following hypothetical? Let’s say Judge Whopper appointed Dr. Zeus as a “regular physician” to determine the injured worker’s level of Whole Person Impairment (WPI) in a case you are handling. Neither the treating doctor’s report, nor the Panel...

California 2nd District Modifies Holding and Disposition in Ex Parte Contact Case

The 2nd District Court of Appeals has issued its 2nd decision in the Alvarez v W.C.A.B. case addressing the issue of ex parte communication with a QME/AME prohibited under Labor Code § 4062.3. In its initial decision which issued earlier this year, the appellate court had adopted a strict interpretation...

Five Recent Cases You Should Know About (8/20/2010)

Larson's Spotlight on Retaliatory Discharge, Subrogation, Ex Parte Communication, Volunteer Firefighter, Initial Physical Aggressor. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law ...

California Court Reversed W.C.A.B. Award for 24 Hour Nursing Care

The Second District Court of Appeals has provided us with some guidance, not a lot but a little, on what is becoming a thorny issue in many workers’ compensation cases that of attendant care expenses. In State Farm v W.C.A.B. (Pearson) the Court reversed an award in excess of $1,000.000 for retroactive...

Five Recent Cases You Should Know About (1/28/2011)

Larson's Spotlight on Illegal Alien, Exclusive Remedy, Average Weekly Wage, Ex Parte Communication, Medicare Set-Aside. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

California Second Appellate District Issues Published Opinion That Provides Some Standards for Calculation of Home Healthcare Lien Claims by Family Members

On January 26, 2011 the California Second Appellate District issued an opinion setting forth important factors to be considered for reimbursement of family members who claim a lien for "medical treatment" under Labor Code § 4600 for providing home healthcare assistance to disabled family...

California: IME Report Based Upon Unilateral Ex-Parte Communication Struck By Court Of Appeal—New IME Required

By David Bryan Leonard, Esq. Physician’s vulnerability to ex parte manipulation by a party is highlighted in t he recent Court of Appeal Case of State Farm Insurance v. W .C.A.B. (“Pearson”) [192 Cal. App. 4th 51; 2011 Cal. App. LEXIS 86] . This is the second appellate decision...

California: What Constitutes an Ex-Parte Communication Post-Alvarez?

There have been a number of cases decided by the Workers’ Compensation Appeals Board (WCAB) dealing with Labor Code Section 4062.3 and what constitutes a prohibited ex parte communication with a Panel Qualified Medical Evaluator (PQME). Though many thought the Court of Appeal’s decision in...

Larson’s Spotlight on Recent Workers’ Comp Cases: Put a Lid on It! Court Clamps Down on Employer’s Ex Parte Communications With Treating Physician

Larson's Spotlight on Ex Parte Communication, Subsequent Injury, Utilization Review, and Attendant Care. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

California Panel QME Process: Is It Time to Admit We Are Dealing With a Monster?

A serious question needs to be asked about whether requiring the use of one Qualified Medical Evaluator (QME) in a workers’ compensation case, as opposed to the use of “battling QME’s”, has reduced litigation or has actually served to increase litigation. No question, at least...

Larson's Spotlight on Recent Cases: Federal RICO Cause of Action

Larson's Spotlight on RICO, Ex Parte Communication, Penalties and Reemployment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. US: State Cannot...

California: The Element of Surprise as an Ex Parte Communication

Attorneys cannot surprise the other side and show “information” (films or vocational reports) to the AME at cross-examination as it is an ex-parte communication in violation of Labor Code section 4062.3 because the parties must agree on what “information” is to be provided to...

California: Replacing the Panel QME: Survey of Recent Noteworthy Panel Decisions

© Copyright 2014 LexisNexis. All rights reserved. I. Evolution of the Current Panel QME Process The Panel QME process has evolved in interesting ways over the years. For dates of injury prior to 2005, the panel QME process did not exist. Instead, medical disputes were resolved by Qualified...

California: W.C.A.B. Rules ADR 35.5(e) Invalid

The W.C.A.B. has issued an en banc decision on an issue that comes up fairly frequently before the W.C.A.B.—the application of Rule 35.5 to QME where an injured worker has multiple injuries to similar parts of the body with the same parties. Rule 35.5(e) would suggest the employee is limited to...

Montana: High Court Says Statute Allowing Ex Parte Communications With Claimant’s Doctors Is Unconstitutional

Two Montana statutes that allow a workers’ compensation insurance carrier to have ex parte communications with claimant’s medical care providers represent an unconstitutional violation of claimant’s right to privacy, at least under the facts of the case before it, held the Montana Supreme...