On October 23, 2018, the Appeals Board issued an en banc decision interpreting Labor Code section 4062.3, holding as follows:
(1) Disputes over what information to provide to the QME are to be presented to the WCAB if the parties cannot informally resolve the dispute.
(2) Although section 4062.3(b) does not give a specific timeline for the opposing party to object to the QME’s consideration of medical records, the opposing party must object to the provision of medical records to the QME within a reasonable time in order to preserve the objection.
(3) If the aggrieved party elects to terminate the evaluation and seek a new evaluation due to an ex parte communication, the aggrieved party must do so within a reasonable time following discovery of the prohibited communication.
(4) The trier of fact has wide discretion to determine the appropriate remedy for a violation of section 4062.3(b).
5) Removal is the appropriate procedural avenue to challenge a decision regarding disputes over what information to provide to the QME and ex parte communication with the QME.
To read the Entire decision, click HERE.