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Oct 22 2012

Supreme Court Grants Review in Valdez

Valdez v. WCAB (Court of Appeal Published) (77 CCC 506): 

 

Court of Appeal holding:

A divided WCAB concluded that a medical report is inadmissible if it has been prepared by a person who is not part of an MPN established pursuant to Labor Code §4616 et seq.  The Court of Appeal granted the Petition for a Writ of Review filed by the employee, Valdez, because of the importance of the issues raised by the parties.  The ourt concluded that the rule of exclusion laid down by Section 4616.6 applies only when there has been an independent medical review performed under the authority of Section 4616.4.  The Court annulled the decision of the WCAB and remanded with directions for further proceedings that are to be consistent with the opinion.

Writ Granted by Supreme Court.

 

COMMENT 

Labor Code §4605 was enacted as part of SB 863 to deal with the issues created by the Valdez case.  That section provides that nothing shall limit the right of the employee to provide, at his or her own expense, a consulting physician or any attending physician.

The Section further provides that any report prepared by a consulting or attending physician shall not be the sole basis of an award of compensation unless a QME or authorized treating physician addresses the report and indicates whether the QME or authorized treating physician agrees or disagrees with the findings or opinions stated in the report, and shall identify the basis for their opinion.

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