CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the challenged finding was an interlocutory evidentiary order, not a final determination of substantive rights or liabilities. The WCAB treated the petition as a Petition for Removal, but denied it on the merits. This denial was based on the WCJ's finding that the Qualified Medical Evaluator (QME) violated Labor Code section 4628 by failing to disclose a consultation, rendering the report inadmissible. Therefore, the order for a replacement panel was proper, and no substantial prejudice or irreparable harm occurred.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the challenged finding was an interlocutory evidentiary order, not a final determination of substantive rights or liabilities. The WCAB treated the petition as a Petition for Removal, but denied it on the merits. This denial was based on the WCJ's finding that the Qualified Medical Evaluator (QME) violated Labor Code section 4628 by failing to disclose a consultation, rendering the report inadmissible. Therefore, the order for a replacement panel was proper, and no substantial prejudice or irreparable harm occurred.
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