ALVAREZ v. WORKERS' COMPENSATION APPEALS BOARD



















Filed 8/12/2010 opinion on rehearing











CERTIFIED FOR PUBLICATION



IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE
DISTRICT



DIVISION FIVE








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CARLOS ALVAREZ, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD; STATE COMPENSATION INSURANCE FUND et al., Respondents.	No. B218847 (W.C.A.B. Nos. ADJ3636557, LAO0863476)

PROCEEDINGS
to review a decision of the Workers' Compensation Appeals Board. Annulled and remanded.

Law
Offices of Carl A. Feldman, Carl A. Feldman, Susan Garrett for Petitioner.

Suzanne
Ah-Tye, Patricia Brown Hein and David M. Goi for Respondents State Compensation
Insurance Fund and Andromeda Entertainment Inc.

No
appearance for Respondent Workers' Compensation Appeals Board.



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In a workers'
compensation proceeding for death benefits, a panel qualified medical evaluator
(Lab. Code, § 4062.2)[1]
requested a copy of certain records in an ex parte telephone conversation with
defense counsel. The claimant objected
to the ex parte communication and
petitioned, inter alia, for a new panel qualified medical evaluator under
section 4062.3, subdivision (f), which prohibits ex parte communications
between a party and a panel qualified medical evaluator and, in the event of a
violation, allows the other party to seek a new panel qualified medical
evaluator from another panel. The
Workers' Compensation Appeals Board (WCAB) denied the petition, reasoning that
the ex parte communication was not prohibited by the statute because the
communication was initiated by the
panel qualified medical evaluator, not a party, and involved â€