What the panel ordered
The Board vacated its prior order granting reconsideration, dismissed defendant's petition for reconsideration, and denied defendant's petition for removal, upholding the WCJ's order denying the medical examination request.
Defendant petitioned for reconsideration or removal of the Findings and Order of May 5, 2006, which denied defendant's request to compel applicant's medical examination under Labor Code section 4064(d). The WCJ recommended dismissal of the petition.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board held that for injuries on or after January 1, 2005, when the employee is represented by counsel, medical evaluations must be obtained only through the QME/AME procedures specified in sections 4060 and 4062.2, making reports obtained under section 4064(d) inadmissible.
From the decision · page 118 and internal injury claims must be obtained through the procedures established by Labor Code
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.