What the panel ordered
The WCAB granted the defendant's petition for removal, rescinded the WCJ's Joint Findings of Fact and Order, and denied the applicant's request for a replacement QME panel in psychiatry.
Defendant sought removal of the Joint Findings of Fact and Order issued by the WCJ on September 20, 2021, which found impermissible ex parte communication by the QME and ordered a replacement panel in psychiatry. The WCJ recommended denying the removal petition. The WCAB granted removal, rescinded the Joint F&O, and denied the replacement panel request.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB found that the QME's telephone calls were made with applicant's permission and were in connection with the examination, thus not impermissible ex parte communication under Labor Code section 4062.3(i). There was no basis to strike the QME or order a replacement panel.
From the decision · page 1Defendant seeks removal of the Joint Findings of Fact and Order (Joint F&O) issued by the workers' compensation administrative law judge (WCJ) on September 20, 2021.1 By the Joint F&O, the WCJ found that the post-examination telephone calls of the panel qualified medical evaluator (QME) with applicant were an impermissible ex parte communication. The WCJ ordered the Medical Unit to issue a replacement panel in psychiatry.