Batten v. Workers' Compensation Appeals Board

Opinion

YEGAN, J.

In workers’ compensation law, the Legislature has unambiguously declared that a privately retained expert’s opinion evaluating an injured worker is not admissible as evidence before the Workers’ Compensation Appeals Board. Petitioner Margaret Batten asks us to harmonize what she perceives are conflicting statutes and declare that her privately retained report is admissible. Whether the statutes can be harmonized or not, there is no way to “harmonize” a legislative rule expressly declaring evidence to be inadmissible. There is no ambiguity to clarify, there is nothing to…