Home/Case Law/JOSE MACIEL vs. RP AUTOMOTIVE, INC. d/b/a PENSKE CHEVROLET, SAFETY NATIONAL CASUALTY CORPORATION
Regular DecisionRegular Panel Decision

JOSE MACIEL vs. RP AUTOMOTIVE, INC. d/b/a PENSKE CHEVROLET, SAFETY NATIONAL CASUALTY CORPORATION

Filed: Sep 26, 2016
Los Angeles
ADJ10305556

CompFox AI Summary

The Appeals Board granted reconsideration of an order that had mandated a new Qualified Medical Examiner (QME) panel due to a perceived ex parte communication. The Board found the communication was not ex parte as the applicant was unrepresented and acknowledged receipt, thus rescinding the original order. The case is returned to the trial level for further proceedings, allowing the WCJ to issue a new decision considering all arguments. This decision clarifies that petitions challenging QME determinations are subject to reconsideration, not removal.

Full Decision Text1 Pages

The Appeals Board granted reconsideration of an order that had mandated a new Qualified Medical Examiner (QME) panel due to a perceived ex parte communication. The Board found the communication was not ex parte as the applicant was unrepresented and acknowledged receipt, thus rescinding the original order. The case is returned to the trial level for further proceedings, allowing the WCJ to issue a new decision considering all arguments. This decision clarifies that petitions challenging QME determinations are subject to reconsideration, not removal.

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