What the panel ordered
Petition for reconsideration granted; WCJ's Findings and Order rescinded; matter returned to trial level for further proceedings consistent with the opinion.
Applicant sought reconsideration of the WCJ's Findings and Order dated January 28, 2021, which found injury AOE/COE and excluded prior rheumatology QME reports from evidence and from review by the current QME. The WCAB granted reconsideration and rescinded the F&O.
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 prior QME reports were obtained as part of the medical-legal process, there was no ex parte communication or other misconduct, and the current QME requested to review them. Statutory and case law favor admissibility of such reports if properly obtained. The WCJ erred in excluding them.
From the decision · page 5The reports from Drs. Silver and Salick were obtained when they were acting in their capacity as panel QMEs in rheumatology, i.e., as part of a medical-legal evaluation conducted pursuant to section 4062.2. (Lab. Code, § 4062.2.) Both QMEs were replaced for different reasons and the parties have stipulated that the replacements were legitimate. However, there is no evidence in the record that there was ex parte communication with either QME such that their reports must be stricken from the record.2 There is nothing else in the record that would render these reports inadmissible. Based on the current record, we can discern no basis to exclude the reports of the previous QMEs from evidence.