WCAB Clarifies What are acceptable communications with AME in En Banc Decision

The California Workers’ Compensation Appeals Board issued its first en banc decision in almost a year, addressing the parameters of acceptable communications with agreed medical evaluators.
Labor Code Section 4062.3 requires that the parties to a comp case must both consent to any “information” being provided to an AME.
The California Code of Regulations further imposes an obligation on any party who wishes to provide information to an AME to furnish a copy of the information to opposing counsel at least 20 days before the information is provided to the AME. If the opposing party objects within 10 days, the party cannot provide the information to the AME without an order by a workers’ compensation judge.
In the En banc decision of  MAXHAM  vs.  CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; STATE COMPENSATION INSURANCE FUND ADJ3540065 (SAC 0361552)   the WCAB held that:
1.  “Information,” as that term is used in section 4062.3, constitutes (1) records prepared or maintained by the employee’s treating physician or physicians, and/or (2) medical and nonmedical records relevant to determination of the medical issues. 2. A “communication,” as that term is used in section 4062.3, can constitute “information” if it contains, references, or encloses (1) records prepared or maintained by the employee’s treating physician or physicians, and/or (2) medical and nonmedical records relevant to determination of the medical issues.