CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was filed from an interlocutory order. However, the Board granted removal, rescinded the WCJ's finding that the defendant was not entitled to a Qualified Medical Examiner (QME) panel, and returned the matter for further proceedings. This was based on the reasoning that the defendant had a right to a QME panel under Labor Code section 4060 and relevant regulations, particularly as the defendant properly requested the panel before a potentially conflicting administrative rule became effective and before the 90-day rejection period expired. The Board found the WCJ's order prejudiced the defendant's ability to obtain medical evidence on the compensability of the claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was filed from an interlocutory order. However, the Board granted removal, rescinded the WCJ's finding that the defendant was not entitled to a Qualified Medical Examiner (QME) panel, and returned the matter for further proceedings. This was based on the reasoning that the defendant had a right to a QME panel under Labor Code section 4060 and relevant regulations, particularly as the defendant properly requested the panel before a potentially conflicting administrative rule became effective and before the 90-day rejection period expired. The Board found the WCJ's order prejudiced the defendant's ability to obtain medical evidence on the compensability of the claim.
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