CompFox AI Summary
The Workers' Compensation Appeals Board granted applicant's Petition for Removal, rescinding the WCJ's February 9, 2023 order. This order had compelled parties to meet and confer on a joint letter to a QME regarding injury dates and medical record review. The Board found the WCJ's order was an interlocutory procedural decision, not a final determination of substantive rights or liabilities. Applicant argued the order violated due process and prevented adjudication of his petition for a replacement QME. The matter was returned to the trial level for further proceedings and a decision that creates a substantive record.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted applicant's Petition for Removal, rescinding the WCJ's February 9, 2023 order. This order had compelled parties to meet and confer on a joint letter to a QME regarding injury dates and medical record review. The Board found the WCJ's order was an interlocutory procedural decision, not a final determination of substantive rights or liabilities. Applicant argued the order violated due process and prevented adjudication of his petition for a replacement QME. The matter was returned to the trial level for further proceedings and a decision that creates a substantive record.
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