“A workers’ compensation judge who is presented with a walk-through settlement document shall approve it, disapprove it, suspend action on it, or accept it for later review and action.”
(Cal. Code Regs., tit. 8, § 10789(e), as quoted in Gaines, supra, at p. 16.)
“[A]ll supporting medical reports and other supporting documents not previously filed, shall be filed directly with the workers’ compensation judge at the date and time of the walk-through.”
(Cal. Code Regs., tit. 8, § 10789(b)(1), as quoted in Gaines, supra, at p. 20.)
“[A]ny order for an applicant to attend an evaluation may only issue after providing notice to the parties. (Cal. Code Regs., tit. 8, § 10832.) No such order may issue within an OSA.”
(Gaines, supra, at p. 21.)
“[A]ny order for an applicant to attend an evaluation may only issue after providing notice to the parties.”
(Gaines, supra, at p. 21.)
“Section 5701 allows the WCJ to “cause testimony to be taken, or inspection of the premises where the injury occurred to be made, or . . . direct any employee claiming compensation to be examined by a regular physician.””
(Perez, supra, at p. 8, quoting Lab. Code, § 5701; see also Lab. Code, § 5906.)
Cross-references: §§ 19.2–19.3 (the OSA and the hearing); § 20.1 (record discipline at walk-throughs). Remainder of chapter: reserved.
“Further, if a medical evaluation is required to determine adequacy, such an evaluation may only be ordered after an evidentiary hearing has occurred, and the WCJ establishes a basis for such an order. Sections 4060 et seq. set forth the preferred framework for obtaining medical-legal reporting, and even though it is within the power of the WCJ to order applicant to be examined by a regular physician under section 5701, such procedures are generally used to resolve medical disputes after the parties have proceeded through the ordinary channels of discovery.”
(Gaines, supra, at p. 21, citing Lab. Code, §§ 4060 et seq., 5701 [seeds ch. 9].)
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