CompFox AI Summary
Applicant petitioned for removal of a WCJ order, seeking a replacement QME, alleging defendant improperly served communication regarding the QME evaluation. The Workers' Compensation Appeals Board found that removal is an extraordinary remedy and the applicant failed to show substantial prejudice or irreparable harm. The Board concluded that defendant's communication was properly served and not ex parte, and applicant's objection was untimely and waived. Furthermore, applicant's delay in acting on the objection until after receiving the QME report was deemed inconsistent with terminating the evaluation, leading to the denial of the petition for removal.
Full Decision Text1 Pages
Applicant petitioned for removal of a WCJ order, seeking a replacement QME, alleging defendant improperly served communication regarding the QME evaluation. The Workers' Compensation Appeals Board found that removal is an extraordinary remedy and the applicant failed to show substantial prejudice or irreparable harm. The Board concluded that defendant's communication was properly served and not ex parte, and applicant's objection was untimely and waived. Furthermore, applicant's delay in acting on the objection until after receiving the QME report was deemed inconsistent with terminating the evaluation, leading to the denial of the petition for removal.
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