More Bad News on Valdez
And so, the bad news continues.
The Court of Appeal, having struck down part of the Valdez en banc decision, has now ordered its opinion to be published. The Valdez case previously held that applicant’s treatment outside of a validly established Medical Provider Network is not to be at an employer’s/insurer’s expense and any reports or evidence generated will be inadmissible.
Granting applicant’s petition for reconsideration, the Court of Appeal, in an unpublished opinion, reversed the Workers’ Compensation Appeals Board, instructing it to allow extra-MPN reports and evidence to be admitted. Now, it appears, that opinion has been ordered published and has become cite-able authority.
The only remaining silver lining is that employers/insurers are (for now) not liable for payment of these reports.
How many shoes should we expect to drop?
Perhaps there is another silver lining in this if it will contribute to the demise of the QME process.
It certainly looks like the Court of Appeal has handed a free hand to applicants to get an evaluation and medical report without any input from the defense. Hopefully the economics of having to retain and pay for one’s own expert will take its toll.