Home/Case Law/MARIA LUQUE VIDALES vs. FOSTER FARMS, FOSTER FARMS LIVINGSTON
Regular DecisionRemoval

MARIA LUQUE VIDALES vs. FOSTER FARMS, FOSTER FARMS LIVINGSTON

Filed: May 02, 2019
Fresno
ADJ11563618, ADJ11563620, ADJ11563654

CompFox AI Summary

The WCAB granted applicant's Petition for Removal, rescinding the WCJ's order for a replacement QME panel. The original order was issued without an admitted evidentiary record, violating the requirement for decisions to be based on substantial evidence. The case is returned to the trial level to establish a proper record and adjudicate the disputed QME issue. This decision ensures due process by requiring an evidentiary basis before significant procedural orders are made.

Full Decision Text1 Pages

The WCAB granted applicant's Petition for Removal, rescinding the WCJ's order for a replacement QME panel. The original order was issued without an admitted evidentiary record, violating the requirement for decisions to be based on substantial evidence. The case is returned to the trial level to establish a proper record and adjudicate the disputed QME issue. This decision ensures due process by requiring an evidentiary basis before significant procedural orders are made.

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MARIA LUQUE VIDALES vs. FOSTER FARMS, FOSTER FARMS LIVINGSTON (2019) – Fresno | CompFox