Home/Case Law/SANTIAGO RODRIGUEZ vs. VPM MANAGEMENT INC., ZURICH AMERICAN INSURANCE CO., AMERICAN CLAIMS MANAGEMENT, INC.
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SANTIAGO RODRIGUEZ vs. VPM MANAGEMENT INC., ZURICH AMERICAN INSURANCE CO., AMERICAN CLAIMS MANAGEMENT, INC.

Filed: Oct 21, 2016
Pomona
ADJ8507046

CompFox AI Summary

The Workers' Compensation Appeals Board granted applicant's petition for removal, finding that the WCJ denied applicant due process. The WCJ issued orders replacing three Qualified Medical Examiner (PQME) panels based on a petition filed shortly before a hearing, without allowing applicant a written response or a full hearing on the new contentions. The Board rescinded the replacement orders and returned the case for further proceedings, noting that reconsideration would be inadequate given the potential impossibility of restoring prior panels. This ensures applicant receives a fair hearing and the opportunity to present evidence.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted applicant's petition for removal, finding that the WCJ denied applicant due process. The WCJ issued orders replacing three Qualified Medical Examiner (PQME) panels based on a petition filed shortly before a hearing, without allowing applicant a written response or a full hearing on the new contentions. The Board rescinded the replacement orders and returned the case for further proceedings, noting that reconsideration would be inadequate given the potential impossibility of restoring prior panels. This ensures applicant receives a fair hearing and the opportunity to present evidence.

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SANTIAGO RODRIGUEZ vs. VPM MANAGEMENT INC., ZURICH AMERICAN INSURANCE CO., AMERICAN CLAIMS MANAGEMENT, INC. (2016) – Pomona | CompFox