CompFox AI Summary
The Appeals Board granted the defendant's petition for removal, rescinding the WCJ's order compelling payment for an independent medical examiner. The Board found the WCJ abused discretion by bypassing the preferred procedure of seeking clarification from the existing Agreed Medical Evaluator (AME), Dr. Patzakis. The case is returned to the trial level for the WCJ and parties to direct specific questions to Dr. Patzakis before considering a new medical examiner.
Full Decision Text1 Pages
The Appeals Board granted the defendant's petition for removal, rescinding the WCJ's order compelling payment for an independent medical examiner. The Board found the WCJ abused discretion by bypassing the preferred procedure of seeking clarification from the existing Agreed Medical Evaluator (AME), Dr. Patzakis. The case is returned to the trial level for the WCJ and parties to direct specific questions to Dr. Patzakis before considering a new medical examiner.
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