CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the challenged order was procedural and not a final determination of substantive rights. The WCAB found that an interim order striking a doctor's opinion due to ex parte communication is not subject to reconsideration under Labor Code Section 5900(a). The case was returned to the trial level for clarification of the original order, specifically whether all of the doctor's reports were stricken and if the doctor was dismissed as the Qualified Medical Examiner. This clarification is necessary for proper further proceedings and potential issuance of a replacement QME panel.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the challenged order was procedural and not a final determination of substantive rights. The WCAB found that an interim order striking a doctor's opinion due to ex parte communication is not subject to reconsideration under Labor Code Section 5900(a). The case was returned to the trial level for clarification of the original order, specifically whether all of the doctor's reports were stricken and if the doctor was dismissed as the Qualified Medical Examiner. This clarification is necessary for proper further proceedings and potential issuance of a replacement QME panel.
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