Home/Case Law/ROSALBA BIBIANO vs. KELLOGG ASSOCIATES DBA THE SANDMAN INN, ILLINOIS MIDWEST INSURANCE AGENCY
Regular DecisionRegular Panel Decision

ROSALBA BIBIANO vs. KELLOGG ASSOCIATES DBA THE SANDMAN INN, ILLINOIS MIDWEST INSURANCE AGENCY

Filed: Dec 15, 2016
Santa Barbara
ADJ8846605 ADJ10209065

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because the judge's order appointing physicians was interlocutory, not a final determination of rights or liabilities. The Board also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm that would necessitate immediate intervention. The decision emphasizes that removal is an extraordinary remedy for which reconsideration is generally an adequate remedy. Parties have the option to agree on Agreed Medical Examiners instead of the court-appointed physicians.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because the judge's order appointing physicians was interlocutory, not a final determination of rights or liabilities. The Board also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm that would necessitate immediate intervention. The decision emphasizes that removal is an extraordinary remedy for which reconsideration is generally an adequate remedy. Parties have the option to agree on Agreed Medical Examiners instead of the court-appointed physicians.

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