Home/Case Law/MARIA DUARTE vs. GREENFIELD CARE CENTER OF FULLERTON, CAREWEST CLAIMS MANAGEMENT, PEGASUS
Regular DecisionWorkers' Compensation

MARIA DUARTE vs. GREENFIELD CARE CENTER OF FULLERTON, CAREWEST CLAIMS MANAGEMENT, PEGASUS

Filed: Jul 23, 2012
San Francisco
ADJ3465664 (AHM 0133582)

CompFox AI Summary

The Workers' Compensation Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's prior orders. The WCJ improperly ordered an Agreed Medical Evaluator (AME) to select additional specialists and obtain evaluations, exceeding his authority. The Appeals Board clarified that AMEs cannot designate additional evaluators and that further evaluations must follow statutory procedures. The case was returned to the trial level for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's prior orders. The WCJ improperly ordered an Agreed Medical Evaluator (AME) to select additional specialists and obtain evaluations, exceeding his authority. The Appeals Board clarified that AMEs cannot designate additional evaluators and that further evaluations must follow statutory procedures. The case was returned to the trial level for further proceedings.

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MARIA DUARTE vs. GREENFIELD CARE CENTER OF FULLERTON, CAREWEST CLAIMS MANAGEMENT, PEGASUS (2012) – San Francisco | CompFox