Home/Case Law/PAUL CORRADO vs. AQUAFINE CORPORATION, ACE AMERICAN INSURANCE COMPANY
Regular DecisionWorkers' Compensation

PAUL CORRADO vs. AQUAFINE CORPORATION, ACE AMERICAN INSURANCE COMPANY

Filed: Jun 24, 2016
Van Nuys
ADJ9150447; ADJ9150446

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because the order sought to be reconsidered was interlocutory, not a final determination. The WCAB granted the defendant's petition for removal, rescinded the judge's order for a new Qualified Medical Evaluator (QME) panel, and returned the case for further proceedings. This decision clarifies that while a QME's untimely supplemental report may be grounds for replacement, it does not automatically mandate it under Labor Code § 4062.5, requiring the judge to exercise discretion based on specific factors. The WCAB emphasized the importance of timely dispute resolution and that a late supplemental report alone is insufficient to order a new QME without considering other elements of prejudice and good cause.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because the order sought to be reconsidered was interlocutory, not a final determination. The WCAB granted the defendant's petition for removal, rescinded the judge's order for a new Qualified Medical Evaluator (QME) panel, and returned the case for further proceedings. This decision clarifies that while a QME's untimely supplemental report may be grounds for replacement, it does not automatically mandate it under Labor Code § 4062.5, requiring the judge to exercise discretion based on specific factors. The WCAB emphasized the importance of timely dispute resolution and that a late supplemental report alone is insufficient to order a new QME without considering other elements of prejudice and good cause.

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