State Farm Insurance v. Workers' Compensation Appeals Board

I. INTRODUCTION

State Farm Insurance Company (State Farm) petitions for writ of review pursuant to Labor Code section 5950 1 of the Workers’ Compensation Appeals Board’s opinion and order denying reconsideration of a joint supplemental findings and award. In that award, the Workers’ Compensation Appeals Board (WCAB) found that lien claimant Carl Pearson, husband of applicant Francisca Apparicio, provided Apparicio with attendant care services 24 hours every day from July 24, 2003, and that Pearson was entitled to compensation for those services at $30 per hour. The total reimbursement to Pearson was $1,520,640. We conclude that Apparicio and Pearson’s ex parte communications to a medical examiner violated the prohibition against ex parte communications in workers’ compensation regulations. That violation requires disqualification of the medical examiner and the striking of the medical examiner’s reports and testimony. We also conclude that the award of compensation to Pearson for caregiver services was unreasonable, was not authorized by section 4600, subdivision (a), and was not supported by substantial evidence. We annul the opinion and order denying reconsideration…