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PanelQMEMed-legalGranted in Part

David Miller — ADJ5822455

DAVID MILLER, Applicant vs. MOHLER BROS; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ5822455
Decision date: Jun 24, 2021
District office: Stockton
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: bilateral knees, psyche, low back, hips, left leg, elbows, shoulders, head, right knee

LC §5701LC §5904LC §5909LC §5702LC §4062.3LC §4062.1LC §4062.2LC §4064LC §5703LC §5708LC §5906CCR §10955CCR §10964CCR §31.5

Summary

Applicant David Miller suffered industrial injury while working as a heavy equipment operator. The parties had agreed to use Dr. Kipperman as the psychiatric AME and Dr. Xeller as the orthopedic QME. Applicant's attorney faxed defendant's Petition to be Relieved of AME Agreement to Dr. Kipperman's office without copying defendant, constituting an improper ex parte communication. The WCJ removed both Dr. Kipperman and Dr. Xeller and struck all their reports, appointing regular physicians under Labor Code section 5701. On reconsideration, the Board affirmed removal of Dr. Kipperman due to the ex parte communication but found no basis to replace Dr. Xeller, and held that only the single tainted November 16, 2019 report (not all of Dr. Kipperman's reporting) should be stricken.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.