Home/Case Law/Phillips Wylly Jr. vs. Omni Hotel, Arch Insurance Company
Regular DecisionWorkers' Compensation

Phillips Wylly Jr. vs. Omni Hotel, Arch Insurance Company

Filed: Jan 13, 2016
Los Angeles
ADJ7395101

CompFox AI Summary

The Workers' Compensation Appeals Board rescinded the original findings regarding the applicant's right thumb injury, as it was based on an unclear stipulation and the employer's insurer's identity was irrelevant. However, the Board affirmed the denial of the applicant's request to strike the medical report of Dr. Ronald Carlish. This denial was due to the applicant's waiver of objection by not unqualifiedly objecting to the untimely report before reviewing its contents. The Board found that allowing such an objection after seeing an unfavorable opinion would promote doctor shopping and hinder expeditious litigation.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board rescinded the original findings regarding the applicant's right thumb injury, as it was based on an unclear stipulation and the employer's insurer's identity was irrelevant. However, the Board affirmed the denial of the applicant's request to strike the medical report of Dr. Ronald Carlish. This denial was due to the applicant's waiver of objection by not unqualifiedly objecting to the untimely report before reviewing its contents. The Board found that allowing such an objection after seeing an unfavorable opinion would promote doctor shopping and hinder expeditious litigation.

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Phillips Wylly Jr. vs. Omni Hotel, Arch Insurance Company (2016) – Los Angeles | CompFox