CompFox AI Summary
Applicant filed a petition for removal from an order taking the matter off calendar, contending that the issue of striking the qualified medical evaluator (QME) was ripe for adjudication. The Workers' Compensation Appeals Board (WCAB) granted removal, finding that the WCJ's order violated due process by being issued without creating a record or explaining the need for further development. As a decision after removal, the WCAB rescinded the August 12, 2025 order and returned the matter to the trial level to create a proper record, emphasizing the due process rights of all parties, including the QME, in such proceedings.
Full Decision Text1 Pages
Applicant filed a petition for removal from an order taking the matter off calendar, contending that the issue of striking the qualified medical evaluator (QME) was ripe for adjudication. The Workers' Compensation Appeals Board (WCAB) granted removal, finding that the WCJ's order violated due process by being issued without creating a record or explaining the need for further development. As a decision after removal, the WCAB rescinded the August 12, 2025 order and returned the matter to the trial level to create a proper record, emphasizing the due process rights of all parties, including the QME, in such proceedings.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.