CompFox AI Summary
The Appeals Board denied the applicant's petition for removal to compel a Qualified Medical Examiner (QME) evaluation before trial. The Board found that the order setting the matter for trial on compensability was not a final order, and the applicant could renew the request for a QME at trial without suffering irreparable harm. Furthermore, the Board noted that the trial judge could order further development of the record, including a QME, after hearing evidence. Therefore, removal was deemed an inappropriate remedy.
Full Decision Text1 Pages
The Appeals Board denied the applicant's petition for removal to compel a Qualified Medical Examiner (QME) evaluation before trial. The Board found that the order setting the matter for trial on compensability was not a final order, and the applicant could renew the request for a QME at trial without suffering irreparable harm. Furthermore, the Board noted that the trial judge could order further development of the record, including a QME, after hearing evidence. Therefore, removal was deemed an inappropriate remedy.
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