CompFox AI Summary
The Appeals Board dismissed the defendant's petition for reconsideration as the WCJ's order was interlocutory. However, the Board granted removal, finding the WCJ erred by not following the established procedure for developing the medical record when ordering a new medical examiner without first allowing supplementation from prior physicians. The Board rescinded the WCJ's order, deferred the petition to terminate temporary disability, and returned the case to the trial level for further proceedings to properly develop the medical record.
Full Decision Text1 Pages
The Appeals Board dismissed the defendant's petition for reconsideration as the WCJ's order was interlocutory. However, the Board granted removal, finding the WCJ erred by not following the established procedure for developing the medical record when ordering a new medical examiner without first allowing supplementation from prior physicians. The Board rescinded the WCJ's order, deferred the petition to terminate temporary disability, and returned the case to the trial level for further proceedings to properly develop the medical record.
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