Home/Case Law/AGUSTIN MARTIN vs. THE CHEESECAKE FACTORY, ACE AMERICAN INSURANCE, CORVEL CORPORATION
Regular DecisionRemoval

AGUSTIN MARTIN vs. THE CHEESECAKE FACTORY, ACE AMERICAN INSURANCE, CORVEL CORPORATION

Filed: Aug 14, 2019
San Diego
ADJ12100878

CompFox AI Summary

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding a prior Findings and Order. The WCJ had ordered the issuance of a replacement Qualified Medical Evaluator panel, but the defendant argued irreparable harm due to an incorrect case number referenced and its entitlement to a panel in a different specialty. The Board found that no evidence had been admitted into the record to support the WCJ's order, thus precluding meaningful review. Therefore, the matter was returned to the trial level for further proceedings and decision.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding a prior Findings and Order. The WCJ had ordered the issuance of a replacement Qualified Medical Evaluator panel, but the defendant argued irreparable harm due to an incorrect case number referenced and its entitlement to a panel in a different specialty. The Board found that no evidence had been admitted into the record to support the WCJ's order, thus precluding meaningful review. Therefore, the matter was returned to the trial level for further proceedings and decision.

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AGUSTIN MARTIN vs. THE CHEESECAKE FACTORY, ACE AMERICAN INSURANCE, CORVEL CORPORATION (2019) – San Diego | CompFox