CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was taken from a non-final order taking the matter off calendar (OTOC). While the Petition for Removal would ordinarily be denied, the WCAB granted removal on its own motion. The WCAB amended the OTOC to include a final order denying the applicant's appeal of the Independent Medical Review determination, as the Board lacks authority to address the constitutional issues raised.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was taken from a non-final order taking the matter off calendar (OTOC). While the Petition for Removal would ordinarily be denied, the WCAB granted removal on its own motion. The WCAB amended the OTOC to include a final order denying the applicant's appeal of the Independent Medical Review determination, as the Board lacks authority to address the constitutional issues raised.
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