CompFox AI Summary
The Appeals Board granted the applicant's petition for removal, finding that the WCJ improperly denied her due process by refusing to set the issue of entitlement to a new Qualified Medical Evaluator (QME) panel for trial. The Board held that a party must have an opportunity to present evidence on such disputes before a decision is made. The matter is returned to the trial level for further proceedings, clarifying that the issue of a new QME panel can be raised at trial.
Full Decision Text1 Pages
The Appeals Board granted the applicant's petition for removal, finding that the WCJ improperly denied her due process by refusing to set the issue of entitlement to a new Qualified Medical Evaluator (QME) panel for trial. The Board held that a party must have an opportunity to present evidence on such disputes before a decision is made. The matter is returned to the trial level for further proceedings, clarifying that the issue of a new QME panel can be raised at trial.
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