CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the underlying WCJ decision on PQME entitlement was an interlocutory procedural order, not a final determination of substantive rights. The Board also denied the petition for removal, finding no substantial prejudice or irreparable harm to warrant such an extraordinary remedy before a final decision. Furthermore, the Board clarified that an objection to a primary treating physician's report is not a prerequisite for requesting a PQME in a different specialty under Labor Code section 4060(c). This ruling upholds the established procedures for medical evaluations in workers' compensation cases.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the underlying WCJ decision on PQME entitlement was an interlocutory procedural order, not a final determination of substantive rights. The Board also denied the petition for removal, finding no substantial prejudice or irreparable harm to warrant such an extraordinary remedy before a final decision. Furthermore, the Board clarified that an objection to a primary treating physician's report is not a prerequisite for requesting a PQME in a different specialty under Labor Code section 4060(c). This ruling upholds the established procedures for medical evaluations in workers' compensation cases.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.