CompFox AI Summary
This case involves an applicant's petition for removal to challenge an order vacating submission for further medical evaluation. The applicant argued the order would cause irreparable harm and violate due process. However, the Appeals Board denied the petition, finding no significant prejudice or irreparable harm would result from appointing a new regular physician for orthopedic assessment. The Board noted deficiencies in existing reports and good cause for a fresh evaluation, concluding that any delay, given the case's age, was not sufficiently prejudicial. Reconsideration remains a proper avenue to raise objections to medical reports after the record is developed.
Full Decision Text1 Pages
This case involves an applicant's petition for removal to challenge an order vacating submission for further medical evaluation. The applicant argued the order would cause irreparable harm and violate due process. However, the Appeals Board denied the petition, finding no significant prejudice or irreparable harm would result from appointing a new regular physician for orthopedic assessment. The Board noted deficiencies in existing reports and good cause for a fresh evaluation, concluding that any delay, given the case's age, was not sufficiently prejudicial. Reconsideration remains a proper avenue to raise objections to medical reports after the record is developed.
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