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Batten v. WCAB, Long Beach Memorial

Workers' Compensation Appeals Board properly excluded petitioner's privately retained expert's opinion as barred under Labor Code Section 4061(i).



Cite as

2015 DJDAR 12379

Published

Nov. 18, 2015

Filing Date

Nov. 16, 2015


Filed 11/16/15 (unmodified opn

 

MARGARET BATTEN,

Petitioner,

v.

WORKERS' COMPENSATION APPEALS BOARD;

LONG BEACH MEMORIAL HOSPITAL et al.,

Respondents.

 

 

2d Civil No. B260916

(W.C.A.B. No. ADJ3781289)

California Courts of Appeal

Second Appellate District

Division Six

Filed November 16, 2015

 

 

ORDER MODIFYING OPINION AND

DENYING REHEARING

 

[NO CHANGE IN JUDGMENT]

 

THE COURT:

 

     It is ordered that the opinion filed herein on October 28, 2015, be modified as follows:

 

     1. On page 2, first sentence of the fourth paragraph, the word ?agreed? is deleted so the sentence reads:

 

     The parties selected Dr. Joseph Stapen as the psychiatric panel qualified medical examiner.    

 

     2. On page 7, third sentence of the second paragraph, the word ?agreed? is changed to ?panel qualified? so the sentence reads:

 

     Neither section permits the admission of a report by an expert who is retained solely for the purpose of rebutting the opinion of the panel qualified medical expert?s opinion. 

 

     There is no change in the judgment.  Petitioner?s request for rehearing is denied. 

 

#229553

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