CompFox AI Summary
In this workers' compensation case, the Appeals Board granted defendant's Petition for Removal, rescinded the WCJ's order, and returned the matter to the trial level. The Board found that setting the case for trial and closing discovery over defendant's objection denied due process. Specifically, it determined that applicant's privately obtained medical report lacked the required review by a Qualified Medical Evaluator (QME) or authorized treating physician. Consequently, the Board ordered that the parties proceed with proper medical-legal discovery, likely through an Agreed Medical Evaluator or QME process, to establish compensability.
DENNIS MOORE (Dec'd), SHIRLEY MOORE (Wife), ERIC MOORE (Son) vs. WAL-MART, ACE AMERICAN INSURANCE COMPANY, YORK RISK SERVICES GROUP, INC. is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
In this workers' compensation case, the Appeals Board granted defendant's Petition for Removal, rescinded the WCJ's order, and returned the matter to the trial level. The Board found that setting the case for trial and closing discovery over defendant's objection denied due process. Specifically, it determined that applicant's privately obtained medical report lacked the required review by a Qualified Medical Evaluator (QME) or authorized treating physician. Consequently, the Board ordered that the parties proceed with proper medical-legal discovery, likely through an Agreed Medical Evaluator or QME process, to establish compensability.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.