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| Case Name | Alvarez v. WCAB (SCIF) | |
|---|---|---|
| Date | 08/12/2010 | |
| Note | Section 4062.3 expressly prohibits ex parte communications with a panel QME, with no exception based on the initiator of the communication or for 'administrative' matters. Nevertheless, because a certain degree of informality in workers' compensation procedures has been recognized, not every conceivable ex parte communication permits a party to obtain a new evaluation from another panel QME. | |
| Citation | B218847 | |
| WCC Citation | WCC 36562010 CA |
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 noted that the new qualified medical evaluator regulations also prohibit all ex parte communications and that a single violation may result in a penalty. The WCAB said that even if the determination of the issue was not a final order, it would have denied the petition for removal of the matter to the WCAB. The WCAB also concluded that section . 3 is concerned with a party initiating an ex parte communication, which did not occur here. Alvarez, in seeking judicial review of the order denying reconsideration and dismissing the petition for removal to the WCAB, requests that order be annulled.
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