Gurrola Martinez, Manuel

Applicant Manuel Gurrola Martinez sustained an admitted injury to his right wrist, shoulder, and forearm in 2022. After QME Dr. Lorenzo Hughes issued six reports and was deposed, defendant petitioned for a replacement QME panel, alleging that Dr. Hughes violated Labor Code section 4628(a) by allowing a third party (Doctus) to summarize medical records without disclosure. The WCJ found a section 4628 violation, ruled the reporting was not substantial medical evidence and must be stricken, and granted a replacement panel. On reconsideration, the Board agreed it was very likely the WCJ correctly determined a section 4628 violation, but rescinded the F&O because Dr. Hughes—as a party in interest and potential lien claimant—was not provided notice and an opportunity to be heard before his reporting was deemed inadmissible. The matter was returned to the trial level for further development of the record consistent with due process.