CompFox AI Summary
The Workers' Compensation Appeals Board denied Home Depot's petition for removal, upholding the Administrative Law Judge's order for a second Qualified Medical Evaluator (QME) panel. The first panel included the applicant's treating physician, Dr. King, despite rules prohibiting this. The Board found that the circumstances regarding whether the applicant was properly informed of his right to a replacement QME were unclear. Consequently, ordering a new panel was deemed the most expeditious way to achieve a just resolution without causing substantial prejudice to the defendant.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Home Depot's petition for removal, upholding the Administrative Law Judge's order for a second Qualified Medical Evaluator (QME) panel. The first panel included the applicant's treating physician, Dr. King, despite rules prohibiting this. The Board found that the circumstances regarding whether the applicant was properly informed of his right to a replacement QME were unclear. Consequently, ordering a new panel was deemed the most expeditious way to achieve a just resolution without causing substantial prejudice to the defendant.
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