CompFox AI Summary
The defendant school district sought reconsideration of an order striking the Qualified Medical Evaluator's (QME) reports and ordering a new panel, arguing a voicemail did not constitute ex parte communication and that the WCJ erred on other grounds. The Appeals Board dismissed the defendant's petition as it was not from a final order. However, the Board granted removal on its own motion, rescinded the WCJ's order, and ruled the QME's voicemail was insignificant and not an ex parte communication. Consequently, the QME will remain, his reports are not stricken, and the case is returned for further proceedings.
Full Decision Text1 Pages
The defendant school district sought reconsideration of an order striking the Qualified Medical Evaluator's (QME) reports and ordering a new panel, arguing a voicemail did not constitute ex parte communication and that the WCJ erred on other grounds. The Appeals Board dismissed the defendant's petition as it was not from a final order. However, the Board granted removal on its own motion, rescinded the WCJ's order, and ruled the QME's voicemail was insignificant and not an ex parte communication. Consequently, the QME will remain, his reports are not stricken, and the case is returned for further proceedings.
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