CompFox AI Summary
In this case, the Appeals Board granted the applicant's Petition for Removal, overturning a WCJ's order requiring reevaluation by the same Qualified Medical Evaluator (QME) for subsequent injury claims. The Board held that an employee is entitled to a new QME for new and separate injury claims, citing their precedent in Navarro. Requiring reevaluation by the original QME for subsequent claims, even with the same defendant and body parts, was deemed contrary to statute. The Board found that requiring the applicant to return to Dr. Fujimoto for subsequent injuries would cause prejudice and irreparable harm, thus justifying removal.
Full Decision Text1 Pages
In this case, the Appeals Board granted the applicant's Petition for Removal, overturning a WCJ's order requiring reevaluation by the same Qualified Medical Evaluator (QME) for subsequent injury claims. The Board held that an employee is entitled to a new QME for new and separate injury claims, citing their precedent in Navarro. Requiring reevaluation by the original QME for subsequent claims, even with the same defendant and body parts, was deemed contrary to statute. The Board found that requiring the applicant to return to Dr. Fujimoto for subsequent injuries would cause prejudice and irreparable harm, thus justifying removal.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.