CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the prior order for a second QME panel in orthopedics. The Board found the administrative law judge prematurely ordered the panel before evidence was presented or the case was submitted for decision. The Board clarified that a judge can only order supplemental medical evaluations after trial if specific opinions are found deficient, not beforehand. The matter was returned to the trial level for further proceedings and eventual trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the prior order for a second QME panel in orthopedics. The Board found the administrative law judge prematurely ordered the panel before evidence was presented or the case was submitted for decision. The Board clarified that a judge can only order supplemental medical evaluations after trial if specific opinions are found deficient, not beforehand. The matter was returned to the trial level for further proceedings and eventual trial.
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