CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The defendant argued the case should not have been taken off calendar for a re-evaluation with an Agreed Medical Evaluator (AME), but proceeded to trial on new and further disability. The Board found no substantial prejudice or irreparable harm would result from denying removal, and that reconsideration would be an adequate remedy. The decision relied on the WCJ's report, which concluded that a re-evaluation by the AME was appropriate under Labor Code §4067, and that a medical report is not a prerequisite to filing a petition to reopen.
AMBER SIMS vs. CALIFORNIA WATER SERVICE COMPANY is a workers' compensation case decided in Bakersfield. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Bakersfield.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The defendant argued the case should not have been taken off calendar for a re-evaluation with an Agreed Medical Evaluator (AME), but proceeded to trial on new and further disability. The Board found no substantial prejudice or irreparable harm would result from denying removal, and that reconsideration would be an adequate remedy. The decision relied on the WCJ's report, which concluded that a re-evaluation by the AME was appropriate under Labor Code §4067, and that a medical report is not a prerequisite to filing a petition to reopen.
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