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A WCLJ’s decision to give no weight to medical opinions offered by two medical experts—an independent medical examiner and the deceased employee’s treating physician—because both experts had entered into significant ex parte contact...

Illustrating the strictness of New York’s rules forbidding ex parte communications between attorneys and examining physicians in workers’ compensation cases, a state appellate court affirmed a decision by the New York Workers’ Compensation...

A short text message sent only to a physician, and not to opposing counsel, notifying the doctor that his upcoming deposition would address claimant’s schedule loss of use, was not the sort of ex parte communication that gave the appearance of impropriety...

By William A. Ruskin In product liability litigation, a single tactical advantage may determine whether the case is won or lost. Often, being able to anticipate an issue before it arises and addressing it in the Case Management Order may be critical...

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...

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...

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...

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...

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...

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...

© 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...

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'...

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...

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...

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'...