CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the administrative law judge's (WCJ) order striking Dr. Windler's reports was an evidentiary ruling, not a final order dispositive of substantive rights. The WCAB also denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm required for this extraordinary remedy. The WCAB concluded the WCJ's report sufficiently explained the bases for striking the reports, curing any technical defect regarding Labor Code section 5313. Therefore, the applicant's request to overturn the ruling on Dr. Windler's reports was denied.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the administrative law judge's (WCJ) order striking Dr. Windler's reports was an evidentiary ruling, not a final order dispositive of substantive rights. The WCAB also denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm required for this extraordinary remedy. The WCAB concluded the WCJ's report sufficiently explained the bases for striking the reports, curing any technical defect regarding Labor Code section 5313. Therefore, the applicant's request to overturn the ruling on Dr. Windler's reports was denied.
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