LexisNexis® Legal Newsroom
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...

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...