Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 11. Evidence
The regulation, as printed
Where a qualified medical evaluator's report has been considered and rejected pursuant to Labor Code section 139.2(d)(2), the workers' compensation judge or Appeals Board shall make and serve a specific finding on the qualified medical evaluator and the Division of Workers' Compensation at the time of decision on the regular workers' compensation issues. The specific finding may be included in the decision. If the Appeals Board, on reconsideration, affirms or sets aside the specific finding of fact filed by a workers' compensation judge, it shall advise the qualified medical evaluator and the Division of Workers' Compensation at the time of service of its decision on the petition for reconsideration. If the workers' compensation judge does not make a specific finding and the Appeals Board, on reconsideration, makes a specific finding of rejection pursuant to Labor Code section 139.2(d)(2), it shall serve its specific finding on the qualified medical evaluator and the Division of Workers' Compensation at the time it serves its decision after reconsideration. Rejection of a qualified medical evaluator's report pursuant to Labor Code section 139.2(d)(2) shall occur where the qualified medical evaluator's report does not meet the minimum standards prescribed by the provisions of rule 10682 and the regulations of the Division of Workers' Compensation. This rule shall apply to injuries on or after January 1, 1994.
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 139.2(d)(2), Labor Code.
1. Renumbering and amendment of former section 10631 to section 10683 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
No released decision named this rule
Not a comment on the rule — most of Title 8 never reaches a published panel decision, because most of it is followed without argument. The text above is the state's own.
Rules beside this one
Article 11. Evidence — regulations rarely stand alone, and the answer is often two sections away.
- § 10672Evidence Taken Without Notice.
- § 10675Formal Permanent Disability Rating Determinations.
- § 10677Oversized Exhibits, Diagnostic Imaging, Physical Exhibits and Exhibits on Media.
- § 10680Reproductions of Documents.
- § 10682Physicians' Reports as Evidence.9 decisions
- § 10685Vocational Experts' Reports as Evidence.1 decisions