CompFox AI Summary
The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and denied the applicant's petition for removal. The Board found that the original order was not a final order subject to reconsideration because it concerned evidentiary matters, specifically the issuance of a new Qualified Medical Evaluator (QME) panel. While the Board acknowledged the novel issue of telemedicine in QME evaluations, it found no substantial prejudice or irreparable harm to the applicant to warrant removal. Ultimately, the Board agreed with the judge's order for a new QME panel due to concerns about proper disclosure and due process regarding the assistance of another physician in the examination.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and denied the applicant's petition for removal. The Board found that the original order was not a final order subject to reconsideration because it concerned evidentiary matters, specifically the issuance of a new Qualified Medical Evaluator (QME) panel. While the Board acknowledged the novel issue of telemedicine in QME evaluations, it found no substantial prejudice or irreparable harm to the applicant to warrant removal. Ultimately, the Board agreed with the judge's order for a new QME panel due to concerns about proper disclosure and due process regarding the assistance of another physician in the examination.
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