ex parte () (California)

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ex parte () (California)

Postby Newkirk on Thu Apr 09, 2009 9:45 am

Can a PQME speak with the applicant attorney by telephone if he then documents the conversation in a report to all parties?
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Re: ex parte () (California)

Postby postscript2 on Thu Apr 09, 2009 1:27 pm

NOPE!

Why do you want to speak to the AA anyway? It would be OK it it were a pro per case and there was a conference call with the C/A and I/W.

Put everything in writing and send it to all parties. You don't want your reputation or paycheck being burnt...

LCS ;)
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Re: ex parte () (California)

Postby Newkirk on Fri Apr 10, 2009 7:08 am

It's the AA who is initiating.
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Re: ex parte () (California)

Postby jpod on Fri Apr 10, 2009 8:07 am

I think you need to report that fact to the parties. An attorney should know better, but sometimes laspses in judgment do occur.

Now if the attorney's office is calling to find out where your report is, that is a different matter. But if anyone wants to talk about the case needs to be reported to all parties.
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Re: ex parte () (California)

Postby rosellavera on Fri Apr 10, 2009 9:35 am

See Gilroy Foods/Conagra Foods, Inc. v. Workers' Compensation Appeals Board (Susana Villanueva) 10 WCAB Rptr. 10,147 [Writ Denied]

Ex parte communication with an agreed medical evaluator or a qualified medical evaluator selected from a panel is prohibited. If a party communicates with the agreed medical evaluator or the qualified medical evaluator, the aggrieved party may elect to terminate the medical evaluation and seek a new evaluation from another qualified medical evaluator.( Labor Code §4062.3(f)–) In this case, the qualified medical evaluator after submitting his report contacted the claims adjuster and discussed the case.

You need to prepare a petition for an order to disqualify the medical report of that QME, and request a new QME. State the nature of the communication, and also ask for sanctions.

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