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5th DCA Orders Do-Over of WCAB Decision on Admissibility of Medical Report

By WorkCompCentral

Tuesday, March 14, 2017 | 2196 | 1 | 8 min read

The Court of Appeals for the 5th District of California ruled that the Workers' Compensation Appeals Board was entitled to a do-over in deciding whether an injured worker could submit the report from his self-procured medical expert to the qualified medical examiner for a comp case. Case: Davis v. WCAB (City of Modesto), No. F074957, 03/10/2017, unpublished. Facts: Theodore Davis filed two workers' compensation claims asserting he had developed prostate cancer because of his exposure to carcinogens while working as a firefighter for the City of Modesto. Dr. Thomas Allems w...

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Stuart Baron Mar 15, 2017 09:59 AM

Just so there is no confusion, the review by a QME is only in effect if there is no MPN in control. Otherwise, the 4605 report goes to the MPN/PTP for acceptance of what the doctor says or refusal.

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