Home/Case Law/GABRIEL RODRIGUEZ vs. GARDENA NISSAN, SENTRY CLAIMS SERVICE
Regular DecisionRegular Panel Decision

GABRIEL RODRIGUEZ vs. GARDENA NISSAN, SENTRY CLAIMS SERVICE

Filed: Apr 07, 2008
San Francisco
LBO 0383944

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration, finding the prior order was procedural and not final. However, the WCAB granted removal, rescinded the prior order, and authorized the defendant to obtain a second orthopedic QME. This decision was based on the necessity of obtaining crucial medical evidence regarding the applicant's orthopedic condition, which the current internal medicine QME could not address, thus preventing a just adjudication.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration, finding the prior order was procedural and not final. However, the WCAB granted removal, rescinded the prior order, and authorized the defendant to obtain a second orthopedic QME. This decision was based on the necessity of obtaining crucial medical evidence regarding the applicant's orthopedic condition, which the current internal medicine QME could not address, thus preventing a just adjudication.

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GABRIEL RODRIGUEZ vs. GARDENA NISSAN, SENTRY CLAIMS SERVICE (2008) – San Francisco | CompFox