CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the Workers' Compensation Judge's decision. The defendant sought to compel the applicant to undergo an evaluation by a previously used Agreed Medical Evaluator (AME) and to prevent the issuance of a Qualified Medical Evaluator (QME) panel for a new injury claim. The Board found that Labor Code section 4062.3(k) does not mandate using the same AME for all future claims and cited a pending en banc decision supporting this interpretation. Furthermore, the Board noted that the prior judge's order regarding the AME did not apply to the new claim where no agreement for that AME existed.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the Workers' Compensation Judge's decision. The defendant sought to compel the applicant to undergo an evaluation by a previously used Agreed Medical Evaluator (AME) and to prevent the issuance of a Qualified Medical Evaluator (QME) panel for a new injury claim. The Board found that Labor Code section 4062.3(k) does not mandate using the same AME for all future claims and cited a pending en banc decision supporting this interpretation. Furthermore, the Board noted that the prior judge's order regarding the AME did not apply to the new claim where no agreement for that AME existed.
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