CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because the administrative law judge's order denying a new Qualified Medical Evaluator (QME) panel was not a final order. Applicant sought a new panel after the current QME's deposition was rescheduled due to a personal emergency, arguing the QME failed to appear within 120 days. The Board found the specific circumstances of the delay were not a listed ground for a replacement QME panel under the regulations. Furthermore, the Board denied the applicant's request for removal, finding no substantial prejudice or irreparable harm from the order.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because the administrative law judge's order denying a new Qualified Medical Evaluator (QME) panel was not a final order. Applicant sought a new panel after the current QME's deposition was rescheduled due to a personal emergency, arguing the QME failed to appear within 120 days. The Board found the specific circumstances of the delay were not a listed ground for a replacement QME panel under the regulations. Furthermore, the Board denied the applicant's request for removal, finding no substantial prejudice or irreparable harm from the order.
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