Home/Case Law/MAI LEE vs. THE BROWNIE BAKER, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Regular DecisionWorkers' Compensation Appeal

MAI LEE vs. THE BROWNIE BAKER, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Filed: Nov 05, 2015
Fresno
ADJ8345741

CompFox AI Summary

The Appeals Board denied the defendant's Petition for Removal, upholding the WCJ's order for a second psychiatric QME panel. The WCJ correctly exercised discretion to further develop the record regarding the applicant's psychological injury claim, which arose as a consequence of an admitted thumb injury. While this order delayed the trial, it was deemed necessary for judicial economy and to ensure a fully developed record. The Board found no substantial prejudice or irreparable harm to the defendant, rendering removal an inappropriate remedy.

Full Decision Text1 Pages

The Appeals Board denied the defendant's Petition for Removal, upholding the WCJ's order for a second psychiatric QME panel. The WCJ correctly exercised discretion to further develop the record regarding the applicant's psychological injury claim, which arose as a consequence of an admitted thumb injury. While this order delayed the trial, it was deemed necessary for judicial economy and to ensure a fully developed record. The Board found no substantial prejudice or irreparable harm to the defendant, rendering removal an inappropriate remedy.

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