County of Sacramento v. Workers' Compensation Appeals Board
Opinion
Lead Opinion
Nicholson, J.
The County of Sacramento sought a writ of review in this court after the Workers’ Compensation Appeals Board (the Board) upheld the award of temporary benefits to respondent Pamela Estrada. We granted the petition and issued the writ. We now find the Board’s order must be annulled because the workers’ compensation judge acted in excess of her statutory authority in leaving open discovery after the mandatory settlement conference and in admitting evidence.
*1431 Procedural History
In March 1992, Estrada was employed by the county as a work project inmate and injured her back on the job. She filed a claim for workers’ compensation benefits in propria persona and obtained an evaluation from a qualified medical evaluator (QME), Dr. Alan Tempkin. After receiving Dr. Tempkin’s report, the county objected to it on the basis that it did not comply with Labor Code section 4628 for failure to state what was relied on in forming his opinion.
In April 1997, Estrada retained counsel and requested the county to stipulate to an agreed medical evaluator. They agreed on Dr. Henry Eddington; however, Estrada changed her mind and decided, instead, to rely on Dr. Tempkin’s…