PSYCH QME REPLACED AFTER

GETTING EX PARTE E-MAILS

In the decision after removal case of Pham v. Southern California Edison (2025) 53 CWCR 205, an applicant's attorney sent an ex parte e-mail to a psych QME, later sent another ex parte e-mail retracting the first e-mail, then finally sent another retraction e-mail to the QME but this time copied the defense counsel. The defense counsel requested all the psych QME reports and deposition testimony be stricken, while applicant asserted no action should be taken due to lack of proof of any prejudice to the defense. Judge ruled in favor of applicant's counsel since there was no proof the QME acted upon or was influenced by the applicant's ex parte e-mails, resulting in the defense filing a petition for removal.

The WCAB overturned the judge and concluded: 1) An aggrieved party does not have to prove actual prejudice, making it immaterial whether the ex parte communication influenced the QME's opinion in order to constitute a violation of Labor Code section 4062.3(g). As a result, a psych replacement panel was to be issued; and 2) The QME psych reports and deposition testimony done prior to the ex parte e-mails are not stricken due to principles favoring the broad admissability of evidence in workers' compensation matters.

[COMMENT: Because the earlier psych QME reports and deposition testimony were not disallowed, that evidence could be provided to the new psych QME.]

CA MINIMUM WAGE INCREASE

Effective January 1,2026 the minimum wage in California will increase from $16.50 to $16.90 per hour. For any injured workers who were making less than $16.90 per hour when their injuries occurred in 2025, any TTD paid in 2026 will be based upon the new minimum rate.

[COMMENT: There are over 35 cities which have a minimum wage higher than the state which may have to be considered on minimum wage cases within those jurisdictions. Some of these cities include Alameda ($17.46), Berkeley ($19.18), Los Angeles ($17.87), Pasadena ($18.04), San Diego ($17.75), San Francisco ($19.18), and San Jose ($18.45)]

HEWS NEWS

The HEWS Firm welcomes John C. Feely as an associate attorney in our San Bernardino office. Mr. Feely brings over 12 years of combined litigation experience in workers' compensation, civil, and criminal law.

January Work Anniversaries:

Attorney Lynn P. Peterson (5 years), legal assistants Cecilia Redondo and Shawin Gonzalez (5 years), and Litigation/Hearing Representative Dawn W. Wilson (5 years).

_______________________________

Main Contributor: H. Neal Wells IV hnw@hmplc.com

Editorial Staff: Lynn P. Peterson

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The above is for informational purposes only, and not intended to constitute legal advice.