CompFox AI Summary
The Workers' Compensation Appeals Board granted removal and rescinded an order compelling the applicant to attend a Qualified Medical Evaluation (QME). The original order was issued at a status conference where the applicant's attorney was reportedly late due to illness. The Board found that due process requires an opportunity for the applicant to challenge the order before it is issued, especially given the verified explanation for the attorney's late arrival. Consequently, the matter was returned to the trial level for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted removal and rescinded an order compelling the applicant to attend a Qualified Medical Evaluation (QME). The original order was issued at a status conference where the applicant's attorney was reportedly late due to illness. The Board found that due process requires an opportunity for the applicant to challenge the order before it is issued, especially given the verified explanation for the attorney's late arrival. Consequently, the matter was returned to the trial level for further proceedings.
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