Kathy Ward, a development services manager, claimed cumulative industrial injury to her psyche and internal systems from June 8, 2000 through June 8, 2005, while employed by the permissibly self-insured City of Desert Hot Springs. Defendant denied liability and arranged for applicant to be examined by Stuart Meisner, Ph.D., under Labor Code section 4064(d), but applicant (who was represented) refused, asserting that compensability evaluations could only be obtained through sections 4060 and 4062.2. The WCJ ruled defendant could not compel the section 4064(d) exam, and defendant sought reconsideration/removal. The WCAB held that, for claimed injuries on or after January 1, 2005 in represented cases, compensability evaluations must be obtained solely through the section 4062.2 panel/AME procedure, and a section 4064(d) evaluation is not admissible. The Board vacated its prior order granting reconsideration, dismissed the petition for reconsideration (as the order was not final), and denied removal.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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