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VALDEZ v. WORKERS' COMP. APPEALS BD.

No. B237147.

207 Cal.App.4th 1 (2012)

143 Cal. Rptr. 3d 11

ELAYNE VALDEZ, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, WAREHOUSE DEMO SERVICES et al., Respondents.

Court of Appeals of California, Second District, Division Seven.

May 29, 2012.

Attorney(s) appearing for the Case

Perona, Langer, Beck, Serbin & Mendoza, Ellen R. Serbin and John Mendoza for Petitioner.

Charles E. Clark ; The Rondeau Law Firm, Charles R. Rondeau ; Goldflam & Barth and Stuart I. Barth for California Applicants' Attorneys Association as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent Workers' Compensation Appeals Board.

Grancell, Lebovitz, Stander, Reubens and Thomas, Timothy E. Kinsey , Sam L. Lebovitz and Stewart Reubens for Respondent Warehouse Demo Services, Zurich North America.

Law Offices of Saul Allweiss and Michael A. Marks for California Workers' Compensation Institute as Amicus Curiae on behalf of Respondent Warehouse Demo Services, Zurich North America.

OPINION

ZELON, J. —

A divided Workers' Compensation Appeals Board (WCAB) concluded that a medical report is inadmissible if it has been prepared by a person who is not part of a medical provider network established pursuant to Labor Code section 4616 et seq. We granted the petition for a writ of review filed by the employee, Elayne Valdez, because of the importance of the issues raised by the parties. We conclude that the rule of exclusion...

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