CompFox AI Summary
The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order that removed the case from calendar due to lack of jurisdiction. The WCJ erred in finding he could not rule on the defendant's petition to strike the applicant's request for additional QME panels. The Board determined that Labor Code section 133 and WCAB Rule 10348 grant the WCJ jurisdiction to determine the reasonableness and necessity of such requests. The case is returned to the WCJ to decide whether additional QME panels are warranted.
Full Decision Text1 Pages
The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order that removed the case from calendar due to lack of jurisdiction. The WCJ erred in finding he could not rule on the defendant's petition to strike the applicant's request for additional QME panels. The Board determined that Labor Code section 133 and WCAB Rule 10348 grant the WCJ jurisdiction to determine the reasonableness and necessity of such requests. The case is returned to the WCJ to decide whether additional QME panels are warranted.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.