Report Of Privately Retained Expert No Good In Workers’ Compensation Case.
In a Workers’ Compensation action, the injured worker hired her own psychological expert at her own expense, but the Workers’ Compensation Board found the report of the doctor was inadmissible. The Court of Appeal affirmed, stating that Labor Code section 4064, subdivision (d), provides “All comprehensive medical evaluations obtained by any party shall be admissible in any proceeding before the appeals board except as provided in Section . . . . 4061. . . We conclude that the admission of the medical evaluation petitioner obtained is barred by section 4061, subdivision (i).” (Batten v. Workers’ Comp. Appeals Bd. (Cal. App. Second Dist., Div. 6; October 28, 2015) 241 Cal.App.4th 1009.)