CompFox AI Summary
The defendant, Nestle USA, Inc., petitioned for removal, challenging a WCJ's order for a second QME appointment due to a late supplemental report. The Appeals Board granted the petition because the defendant's crucial exhibits and medical reports were not scanned into the electronic system, preventing a merits-based decision. Consequently, the Board rescinded the WCJ's prior order and returned the case to the trial level to establish a sufficient record. This action ensures the parties can properly litigate the dispute over the QME appointment rules.
Full Decision Text1 Pages
The defendant, Nestle USA, Inc., petitioned for removal, challenging a WCJ's order for a second QME appointment due to a late supplemental report. The Appeals Board granted the petition because the defendant's crucial exhibits and medical reports were not scanned into the electronic system, preventing a merits-based decision. Consequently, the Board rescinded the WCJ's prior order and returned the case to the trial level to establish a sufficient record. This action ensures the parties can properly litigate the dispute over the QME appointment rules.
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