CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration and denied removal, finding that the WCJ's order denying disqualification of an Agreed Medical Evaluator was not a final order subject to reconsideration. The Board also concluded that removal was not warranted as the applicant failed to show substantial prejudice or irreparable harm from a brief ex parte communication between the opposing counsel and the AME. The Board adopted the WCJ's reasoning that no substantive issues were discussed and the communication did not impact the AME's conclusions.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration and denied removal, finding that the WCJ's order denying disqualification of an Agreed Medical Evaluator was not a final order subject to reconsideration. The Board also concluded that removal was not warranted as the applicant failed to show substantial prejudice or irreparable harm from a brief ex parte communication between the opposing counsel and the AME. The Board adopted the WCJ's reasoning that no substantive issues were discussed and the communication did not impact the AME's conclusions.
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