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...