Applicant and defendant agreed via email to use Dr. Daniel Shalom as an AME in neurology on October 29, 2020, but applicant attempted to withdraw the very next day after 'further research' and again after a deposition. The WCJ found applicant could withdraw because the request was in good faith, with sufficient notice, and made before any evaluation, relying on Yarbrough. Defendant sought review, arguing Labor Code section 4062.2(f) bars unilateral withdrawal from an AME agreement. The Board majority granted reconsideration, rescinded the F&O, and held that an AME agreement may only be canceled by mutual written consent, rejecting the Yarbrough panel's contrary interpretation. The parties were ordered to proceed with discovery using Dr. Shalom. Commissioner Razo dissented, agreeing with Yarbrough that section 4062.2(f) only addresses withdrawal after an evaluation has occurred.
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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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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