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Valdez v. Workers' Compensation Appeals Board

Supreme Court of California

November 14, 2013

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

Ct.App. 2/7 B237147 W.C.A.B. No ADJ7048296

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

David Bryan Leonard for California Society of Industrial Medicine & Surgery, Inc., as Amicus Curiae on behalf of Petitioner.

Law Offices of Susan M. Garrett and Carl A. Feldman for California Lien Professionals Association, Inc., as Amicus Curiae on behalf of 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.

Neil P. Sullivan and James T. Losee for Respondent Workers’ Compensation Appeals Board.

Grancell, Lebovitz, Stander, Reubens and Thomas, Grancell, Stander, Reubens, Thomas and Kinsey, Timothy E. Kinsey, Sam L. Lebovitz, Stewart Reubens; Sedgwick, Christina J. Imre and Michael M. Walsh for Respondents Warehouse Demo Services and Zurich North America.

Law Offices of Saul Allweiss, Law Offices of Allweiss & McMurty and Michael A Marks for California Workers’ Compensation Institute and American Insurance Institute as Amici Curiae on behalf of Respondents Warehouse Demo Services and Zurich North America.

Roxborough, Pomerance, Nye & Adreani, Michael B. Adreani and David R. Ginsburg for Crossroads Staffing, Inc., as Amicus Curiae on behalf of Respondents Warehouse Demo Services and Zurich North America.

Dietz, Gilmor & Chazan and Robert H. Potter for San Diego County and Imperial County Schools Risk Management Joint Powers Authority as Amici Curiae on behalf of Respondents Warehouse Demo Services and Zurich North America.

CORRIGAN, J.

This case concerns the admissibility of doctors’ reports in workers’ compensation proceedings. The Court of Appeal granted writ review and annulled decisions by the Workers’ Compensation Appeals Board (the Board) restricting the admission of reports from a doctor retained by petitioner Elayne Valdez. We affirm.

I. BACKGROUND

A. The Relevant ...


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