Bradley Maxham

In this en banc decision, the WCAB addressed whether advocacy letters sent by applicant's counsel to three Agreed Medical Evaluators (Doctors Abeliuk, Johnson, and Lapins) constituted prohibited 'information' under Labor Code section 4062.3(c), which requires party agreement, or merely a 'communication' under section 4062.3(f), which requires only service on the opposing party. The WCJ originally found the letters were communications not requiring defendants' agreement, but later recommended granting removal to consider whether they also constituted information. The Board held that 'information' means (1) records prepared or maintained by the employee's treating physician, and/or (2) medical and nonmedical records relevant to determination of the medical issues, and that a 'communication' can become 'information' if it contains, references, or encloses such records. The Board found it could not determine on the record whether applicant improperly provided information because some letters referenced enclosed Findings and Awards, deposition transcripts, and Dr. Pattison's medical report, but it was unclear whether the parties had agreed to provide that information. The Board granted removal, rescinded the order, and remanded to the trial level for the WCJ to apply the new framework.