Home/Case Law/Carlos Nunez vs. AM Drywall Inc., ICW Group Insurance Companies
Regular DecisionReconsideration

Carlos Nunez vs. AM Drywall Inc., ICW Group Insurance Companies

Filed: Dec 21, 2017
Stockton
ADJ10172531, ADJ9587138

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, dismissing it as a petition for removal. The Board found that striking a Qualified Medical Evaluator (QME) is not a final order, and therefore not subject to reconsideration. Furthermore, removal was denied on the merits as the applicant failed to demonstrate significant prejudice or irreparable harm. The applicant's petition was deficient due to a lack of record citations and substance, and the QME's remarks indicated potential bias, justifying the judge's decision.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, dismissing it as a petition for removal. The Board found that striking a Qualified Medical Evaluator (QME) is not a final order, and therefore not subject to reconsideration. Furthermore, removal was denied on the merits as the applicant failed to demonstrate significant prejudice or irreparable harm. The applicant's petition was deficient due to a lack of record citations and substance, and the QME's remarks indicated potential bias, justifying the judge's decision.

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Carlos Nunez vs. AM Drywall Inc., ICW Group Insurance Companies (2017) – Stockton | CompFox