Batten v. WCABAnnotate this Case
Petitioner filed suit claiming that she suffered a workplace injury to her psyche after she sustained injuries arising out of and in the course of her employment as a registered nurse. Petitioner retained a qualified medical expert at her own expense under Labor Code section 4064, subdivision (d). Section 4064, subidvision (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 4060, 4061, 4062, 4062.1, or 4062.2." In this case, the court concluded that the admission of the medical evaluation petitioner obtained is barred by section 4061, subdivision (i). Accordingly, the court affirmed the decision of the Board concluding that the report was not admissible.