Workers' Compensation

Recent Posts

New York: Attorney’s Short Text Message to Physician Was Not Improper
Posted on 14 Dec 2018 by Thomas A. Robinson

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... Read More

California: The Element of Surprise as an Ex Parte Communication
Posted on 22 Apr 2013 by Mark Kahn

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... Read More

Montana: High Court Says Statute Allowing Ex Parte Communications With Claimant’s Doctors Is Unconstitutional
Posted on 12 Sep 2014 by Larson's Spotlight

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... Read More

Larson's Spotlight on Recent Cases: Federal RICO Cause of Action
Posted on 12 Nov 2012 by Larson's Spotlight

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... Read More

California: What Constitutes an Ex-Parte Communication Post-Alvarez?
Posted on 11 Nov 2011 by Calif. WCAB Noteworthy Panel Decisions Reporter

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... Read More

California Panel QME Process: Is It Time to Admit We Are Dealing With a Monster?
Posted on 17 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

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... Read More

California: W.C.A.B. Rules ADR 35.5(e) Invalid
Posted on 28 Feb 2014 by Richard M. Jacobsmeyer

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... Read More

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
Posted on 9 Dec 2011 by Larson's Spotlight

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'... Read More

California: Replacing the Panel QME: Survey of Recent Noteworthy Panel Decisions
Posted on 21 Jan 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

© 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... Read More

CA: Court of Appeal Grants Rehearing in Alvarez v. WCAB (Ex Parte Communication)
Posted on 16 Jun 2010 by California Compensation Cases Staff

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... Read More

Five Recent Cases You Should Know About (1/28/2011)
Posted on 28 Jan 2011 by Larson's Spotlight

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... Read More

California Court Reversed W.C.A.B. Award for 24 Hour Nursing Care
Posted on 27 Jan 2011 by Richard M. Jacobsmeyer

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... Read More

California: Alvarez Decision Emphasizes Importance of NEVER Communicating Ex Parte with QME
Posted on 4 Jun 2010 by Goldman, Magdalin & Krikes, LLP

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... Read More

California: Ex Parte Communications
Posted on 30 Jul 2010 by Colleen Casey

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... Read More

QME Ex Parte Contact Issue Addressed by California Appellate Court
Posted on 15 May 2010 by Richard M. Jacobsmeyer

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... Read More