What the panel ordered
The WCAB granted the Petition for Removal, rescinded the WCJ Order issued on June 2, 2016, and returned the matter to the trial level for further proceedings consistent with the opinion.
Defendants filed a Petition for Removal seeking review of a WCJ Order issued on June 2, 2016, which found no violation of Labor Code section 4062.3 or WCAB Rule 35 by applicant's counsel. The WCJ recommended granting the Petition for Removal and rescinding the Order.
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 letters sent by applicant's counsel contained 'information' as defined by Labor Code section 4062.3, requiring party agreement before submission to AMEs, which was not obtained, thus violating the statute and warranting removal of the WCJ Order.
From the decision · page 1318 1. "Information," as that term is used in section 4062.3, constitutes (1) records prepared or
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.