Home/Case Law/Dovie King vs. California Department of Corrections and Rehabilitation, Substance Abuse Treatment Facility, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration/Removal

Dovie King vs. California Department of Corrections and Rehabilitation, Substance Abuse Treatment Facility, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

Filed: Aug 20, 2018
Fresno
ADJ7849651

CompFox AI Summary

The Appeals Board granted applicant's petition for removal, rescinded the WCJ's order vacating submission and appointing an IME, and returned the matter to the trial level. The WCJ's order was deemed an interlocutory procedural decision, not a final order, making removal the proper avenue for review. The Board found the WCJ's rationale for appointing an IME lacked sufficient explanation and did not address all issues identified for trial. Further proceedings are required to properly address the disputed issues and develop the record.

Full Decision Text1 Pages

The Appeals Board granted applicant's petition for removal, rescinded the WCJ's order vacating submission and appointing an IME, and returned the matter to the trial level. The WCJ's order was deemed an interlocutory procedural decision, not a final order, making removal the proper avenue for review. The Board found the WCJ's rationale for appointing an IME lacked sufficient explanation and did not address all issues identified for trial. Further proceedings are required to properly address the disputed issues and develop the record.

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Dovie King vs. California Department of Corrections and Rehabilitation, Substance Abuse Treatment Facility, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND (2018) – Fresno | CompFox