Home/Case Law/MICHAEL FREITAS vs. COUNTY OF SONOMA
Regular DecisionReconsideration and Removal

MICHAEL FREITAS vs. COUNTY OF SONOMA

Filed: Dec 03, 2012
Santa Rosa
ADJ6843599

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The Appeals Board dismissed the defendant's Petition for Reconsideration because the Findings and Order striking the Agreed Medical Evaluator's report was an interim procedural order, not a final decision on the merits. The Board also denied the Petition for Removal, finding no substantial prejudice or irreparable harm to the defendant from the order. The defendant's contention that the striking of a supplemental report was improper was not persuasive, as the AME's own delay contributed to the issue. A subsequent order corrected a clerical error regarding the date of the Board's initial decision.

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The Appeals Board dismissed the defendant's Petition for Reconsideration because the Findings and Order striking the Agreed Medical Evaluator's report was an interim procedural order, not a final decision on the merits. The Board also denied the Petition for Removal, finding no substantial prejudice or irreparable harm to the defendant from the order. The defendant's contention that the striking of a supplemental report was improper was not persuasive, as the AME's own delay contributed to the issue. A subsequent order corrected a clerical error regarding the date of the Board's initial decision.

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