Home/Case Law/JOHN THOMPSON vs. MARK J HALE, NORGUARD INSURANCE COMPANY
Regular DecisionRemoval

JOHN THOMPSON vs. MARK J HALE, NORGUARD INSURANCE COMPANY

Filed: Feb 14, 2020
Oakland
ADJ11277404

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for removal of a Finding of Fact. The defendant argued that a chiropractic QME evaluation was inappropriate for an injury to the applicant's right humerus, claiming chiropractors are limited to spinal issues. The Board found no persuasive evidence of significant prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. Therefore, removal was denied as it is an extraordinary remedy granted only in exceptional circumstances.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for removal of a Finding of Fact. The defendant argued that a chiropractic QME evaluation was inappropriate for an injury to the applicant's right humerus, claiming chiropractors are limited to spinal issues. The Board found no persuasive evidence of significant prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. Therefore, removal was denied as it is an extraordinary remedy granted only in exceptional circumstances.

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