CompFox AI Summary
The Workers' Compensation Appeals Board denied a petition for removal, affirming the WCJ's decision to deny the defendant's motion to strike a QME's supplemental report. The Board found the supplemental report was timely served, as the 60-day period for completion concluded on the next business day after the Saturday deadline. Furthermore, the defendant failed to object to the report's alleged untimeliness prior to its service, which is a prerequisite for obtaining a new QME panel under the regulations. Therefore, the defendant failed to demonstrate the substantial prejudice and irreparable harm required for removal.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a petition for removal, affirming the WCJ's decision to deny the defendant's motion to strike a QME's supplemental report. The Board found the supplemental report was timely served, as the 60-day period for completion concluded on the next business day after the Saturday deadline. Furthermore, the defendant failed to object to the report's alleged untimeliness prior to its service, which is a prerequisite for obtaining a new QME panel under the regulations. Therefore, the defendant failed to demonstrate the substantial prejudice and irreparable harm required for removal.
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