ALVAREZ v. WORKERS' COMPENSATION APPEALS BOARD
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€
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