2nd District Rejects Privately Obtained Med-Legal Reporting (Batten v. WCAB)
The Second District Court of Appeals rejected the use of a privately obtained rebuttal report, obtained by the applicant to rebut an AME report. In Batten v. WCAB the 2nd district determined that although an applicant per LC 4064(d) may obtain a report at his own expense, that this report is not admissible to rebut the opinion of an AME physician. The court points to Labor Code section 4061(i) which discuses admission of treating physician reports but expressly excludes any other types of rebuttal reporting of med-legal reporting.
This would seem to close any loopholes beyond treating physicians, AME’s or QME’s as appropriate med-legal reporters.
Please read the full decision Batten v. WCAB.
Further reading here.