Objection to a medical report is not a final order that allows you to file a writ for review with the appellate court

• Posted By: Harvey Brown
• December 1, 2016

This is a published case

This is a very significant case for workers’ compensation principles.

The applicant had an admitted injury. The applicant was evaluated by a psychiatric agreed medical examiner (AME). The AME referred the applicant to a chronic pain specialist. The chronic pain specialist recommended the applicant have 24 hour 7 day a week in home care and sent the report to the AME. The AME incorporated this report in the AME report.

The defendant objected to the report of the chronic pain specialist and moved to strike the report of the AME. Defendant alleged that there was no agreement to send the chronic pain specialist report to the AME and that sending the report was an improper ex parte communication.

The Workers’ Compensation Judge (WCJ) denied a petition to strike the AME report. The defendant filed a petition to remove or in the alternative a petition for reconsideration with the Workers’ Compensation Appeals Board (WCAB).

The WCAB denied the petition for reconsideration indicating the WCJ denial to strike was not a final order. The defendant filed a writ of review.

The court of appeal indicated that it is well settled that writs of review only apply to final decisions, orders or award of the WCAB. The denial of the petition to strike in this instance was not a final order. Therefore, the Writ was denied.

Case: Capital Builders Hardware, Inc v. WCAB

• Posted In: Petition