CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's untimely petition for removal but granted removal on its own motion due to significant prejudice. The WCAB rescinded a prior finding that granted the defendant's request for a replacement QME due to a claimed conflict of interest. The matter was returned to the trial level for further proceedings to ensure the applicant received due process and a hearing on the conflict of interest allegations. This action was taken to achieve substantial justice given procedural irregularities and potential irreparable harm to the applicant.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's untimely petition for removal but granted removal on its own motion due to significant prejudice. The WCAB rescinded a prior finding that granted the defendant's request for a replacement QME due to a claimed conflict of interest. The matter was returned to the trial level for further proceedings to ensure the applicant received due process and a hearing on the conflict of interest allegations. This action was taken to achieve substantial justice given procedural irregularities and potential irreparable harm to the applicant.
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