CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded its prior grant of reconsideration and denied the defendant's petition for removal and reconsideration. The defendant sought to strike the Agreed Medical Evaluator's (AME) psychiatric report due to the applicant allegedly violating Labor Code section 4062.3 by sending a consulting physician's report to the AME without prior agreement. However, the WCAB found that the defendant waived this objection by later submitting both the consulting physician's and the AME's reports to an orthopedic AME for comment. Therefore, the WCAB affirmed the WCJ's denial of the defendant's petition to strike and request for costs and sanctions.
ROBERT GAONA vs. CAPITAL BUILDERS HARDWARE, SOUTHERN INSURANCE COMPANY, ENDURANCE REINSURANCE CORPORATION is a workers' compensation case decided in Los Angeles. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Los Angeles.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded its prior grant of reconsideration and denied the defendant's petition for removal and reconsideration. The defendant sought to strike the Agreed Medical Evaluator's (AME) psychiatric report due to the applicant allegedly violating Labor Code section 4062.3 by sending a consulting physician's report to the AME without prior agreement. However, the WCAB found that the defendant waived this objection by later submitting both the consulting physician's and the AME's reports to an orthopedic AME for comment. Therefore, the WCAB affirmed the WCJ's denial of the defendant's petition to strike and request for costs and sanctions.
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