CompFox AI Summary
The Appeals Board denied the defendant's Petition for Removal, which sought to reverse a WCJ's order denying disqualification of a QME. The defendant argued the QME failed to timely submit a supplemental report after reviewing surveillance video, a delay stemming from a verbal request during a deposition, not a formal written one. The Board found Administrative Director Rule 38.1(i) inapplicable as it requires a written request. Furthermore, the Board noted a subsequent deposition could resolve the issue or allow the defendant to renew their motion.
Full Decision Text1 Pages
The Appeals Board denied the defendant's Petition for Removal, which sought to reverse a WCJ's order denying disqualification of a QME. The defendant argued the QME failed to timely submit a supplemental report after reviewing surveillance video, a delay stemming from a verbal request during a deposition, not a formal written one. The Board found Administrative Director Rule 38.1(i) inapplicable as it requires a written request. Furthermore, the Board noted a subsequent deposition could resolve the issue or allow the defendant to renew their motion.
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