What the panel ordered
Petition for reconsideration granted; November 18, 2024 Findings and Order rescinded; matter returned to trial level for further proceedings and record development.
Applicant seeks reconsideration of the November 18, 2024 Findings and Order granting defendant's petition for replacement panel of QMEs, alleging improper ex parte communication with the QME.
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.
QME/AME processApplicant prevailedpsyche · stress · back · shoulders · right knee
The record was insufficient to determine whether the applicant engaged in impermissible ex parte communication with the QME, requiring further development of the record.
From the decision · page 9Here, the evidentiary record does not disclose when or how the two written statements provided to the QME were transmitted, and whether they were transmitted to the QME directly or to another entity. In addition, the record does not disclose whether the QME requested these records during the telehealth evaluation on October 23, 2023. Because the factual determination of how and why the records in question were transmitted to the QME is a necessary consideration in the evaluation of the issues presented, we conclude that the current record is insufficient to allow for a complete adjudication of this matter.