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| Case Name | Alvarez v. WCAB | |
|---|---|---|
| Date | 05/14/2010 | |
| Note | [Superceded] Section 4062.3 expressly prohibits ex parte communications with a panel qualified medical evaluator, with the only exception being for communications by the employee or deceased employee's dependent in connection with an examination, and in the event of unauthorized ex parte communication permits the aggrieved party to obtain a new evaluation from another panel qualified medical evaluator. | |
| Citation | B218847 | |
| WCC Citation | WCC 36212010 CA |
Note: Superceded by Alvarez v. WCAB (SCIF), B218847, 08/12/2010 Filed 5/14/10 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE CARLOS ALVAREZ, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD; STATE COMPENSATION INSURANCE FUND et al. , Respondents. Carlos Alvarez (Alvarez or petitioner), her widower and guardian at litem of their two minor children, filed a claim for workers' compensation death benefits, alleging that Parades's death was caused by her work. Alvarez subsequently filed a petition objecting to the ex parte communication between Dr. Miller and defense counsel. )"*fn5 The WCAB added that the ex parte communication related back to an administrative matter discussed at the deposition, which was not ex parte. The WCAB also concluded that section 4062. 3 is concerned with a party initiating an ex parte communication, which did not occur here.
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