Home/Case Law/GUSTAVO CHAIREZ MURILLO vs. SMART & FINAL STORES, SEDGWICK
Regular DecisionRegular Panel Decision

GUSTAVO CHAIREZ MURILLO vs. SMART & FINAL STORES, SEDGWICK

Filed: Oct 21, 2014
Pomona
ADJ8916696, ADJ8912549

CompFox AI Summary

The Appeals Board granted the applicant's Petition for Removal, rescinding an order compelling a medical evaluation by an orthopedic QME. The applicant argued he was denied a hearing and the PWCJ failed to provide an opinion on decision. While the underlying dispute appears to involve a disagreement over QME specialty selection, the Board found the procedural record unclear. Consequently, the case is returned to the trial level for further proceedings, including potentially an evidentiary hearing, without addressing the merits of the underlying issues.

Full Decision Text1 Pages

The Appeals Board granted the applicant's Petition for Removal, rescinding an order compelling a medical evaluation by an orthopedic QME. The applicant argued he was denied a hearing and the PWCJ failed to provide an opinion on decision. While the underlying dispute appears to involve a disagreement over QME specialty selection, the Board found the procedural record unclear. Consequently, the case is returned to the trial level for further proceedings, including potentially an evidentiary hearing, without addressing the merits of the underlying issues.

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GUSTAVO CHAIREZ MURILLO vs. SMART & FINAL STORES, SEDGWICK (2014) – Pomona | CompFox