Felicia Sonnier — ADJ10793298

The PQME, Dr. Lawrence Miller, signed multiple medical-legal reports containing summaries of medical records that, by his own deposition testimony, were actually prepared by third parties (Medical Legal Experts and Acu Trans Solutions, including a possible engineer) whose names and qualifications he often did not know. Defendant petitioned to strike Dr. Miller's reporting under Labor Code section 4628 (the anti-ghostwriting statute) and obtain a replacement QME panel. The WCJ initially denied the request, but the Appeals Board granted reconsideration. The Board held that section 4628 is a strict liability statute requiring the signing physician to personally review and summarize prior medical records (nonclerical preparation), and that Dr. Miller's reliance on unidentified third parties violated the statute, rendering his reports inadmissible. The Board rescinded the F&O, struck Dr. Miller's reporting and deposition transcripts, ordered a replacement QME panel, and remanded the issue of the replacement panel's specialty to the trial level.