CompFox AI Summary
This case involves applicant Rosario Lopez's petition for removal to the Workers' Compensation Appeals Board (WCAB). The petition, seeking to rescind an order taking the case off calendar, was dismissed because it was not verified, a mandatory requirement under WCAB rules. While the applicant argued for compensability under Labor Code section 5402(b) due to an untimely denial and preclusion of a QME under section 4062.2, these merits were not reached. The WCAB adopted the WCJ's report which, if it had reached the merits, would have denied the petition.
Full Decision Text1 Pages
This case involves applicant Rosario Lopez's petition for removal to the Workers' Compensation Appeals Board (WCAB). The petition, seeking to rescind an order taking the case off calendar, was dismissed because it was not verified, a mandatory requirement under WCAB rules. While the applicant argued for compensability under Labor Code section 5402(b) due to an untimely denial and preclusion of a QME under section 4062.2, these merits were not reached. The WCAB adopted the WCJ's report which, if it had reached the merits, would have denied the petition.
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