CompFox AI Summary
This case involves a dispute over an Agreed Medical Evaluator's (AME) reports on applicant Mina Mesic's industrial injuries and permanent disability apportionment. The defendant, Hilton Hotels Corporation, sought a new AME, alleging the current AME's reports were inconsistent and failed to comply with Labor Code section 4663. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration, as the challenged order was not a final determination. The WCAB also denied the petition for removal, finding no substantial prejudice or irreparable harm, as the defendant could still challenge the AME's reports at trial. The WCJ's order merely denied the request for a new AME, allowing the current AME's reports to be weighed as evidence.
Full Decision Text1 Pages
This case involves a dispute over an Agreed Medical Evaluator's (AME) reports on applicant Mina Mesic's industrial injuries and permanent disability apportionment. The defendant, Hilton Hotels Corporation, sought a new AME, alleging the current AME's reports were inconsistent and failed to comply with Labor Code section 4663. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration, as the challenged order was not a final determination. The WCAB also denied the petition for removal, finding no substantial prejudice or irreparable harm, as the defendant could still challenge the AME's reports at trial. The WCJ's order merely denied the request for a new AME, allowing the current AME's reports to be weighed as evidence.
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