CompFox AI Summary
The Workers' Compensation Appeals Board denied the Applicant's Petition for Removal, which sought to overturn the WCJ's order setting the case for trial. The Applicant argued that setting the trial violated Labor Code section 4061(i) and that Dr. Coppelson's reports were not substantial evidence. The Board found that the issue of whether the Applicant waived her right to a QME due to lack of diligence was a triable issue. Therefore, denial of removal was appropriate as reconsideration would be an adequate remedy if the Applicant ultimately prevailed.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the Applicant's Petition for Removal, which sought to overturn the WCJ's order setting the case for trial. The Applicant argued that setting the trial violated Labor Code section 4061(i) and that Dr. Coppelson's reports were not substantial evidence. The Board found that the issue of whether the Applicant waived her right to a QME due to lack of diligence was a triable issue. Therefore, denial of removal was appropriate as reconsideration would be an adequate remedy if the Applicant ultimately prevailed.
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