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Defendant Agoura Westlake Animal Hospital sought removal from an order continuing the case to trial on psychiatric injury and sleeplessness, arguing they should have obtained a supplemental QME report first. The Appeals Board denied this petition, agreeing with the WCJ that the psychiatric injury issue was ready for trial as both parties had QME evaluations. The Board found no abuse of discretion in the WCJ treating the hearing as a Mandatory Settlement Conference rather than a status conference. One Commissioner dissented, believing removal should be granted to allow the supplemental QME evaluation due to applicant's refusal to attend and the lack of trial readiness for psychiatric injury.
LISA SMITH vs. AGOURA WESTLAKE ANIMAL HOSPITAL, FIREMAN'S FUND INSURANCE COMPANY is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
Defendant Agoura Westlake Animal Hospital sought removal from an order continuing the case to trial on psychiatric injury and sleeplessness, arguing they should have obtained a supplemental QME report first. The Appeals Board denied this petition, agreeing with the WCJ that the psychiatric injury issue was ready for trial as both parties had QME evaluations. The Board found no abuse of discretion in the WCJ treating the hearing as a Mandatory Settlement Conference rather than a status conference. One Commissioner dissented, believing removal should be granted to allow the supplemental QME evaluation due to applicant's refusal to attend and the lack of trial readiness for psychiatric injury.
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