California's 2nd District Court of Appeal is being asked to reconsider its ruling that the opinion of a privately retained expert evaluating an injured worker is not admissible as evidence before the Workers' Compensation Appeals Board.
Labor Code Section 4060(c) says that if medical evaluation is required to determine the compensability of a worker's injury, then the evaluation "shall be obtained only by the procedure provided in Section 4062.2," if the worker is represented by an attorney.
Section 4062.2 sets forth the process for the parties in a comp case to se...
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