Home/Case Law/SAVINDER LAL vs. US AIRWAYS GROUP, INC. dba AMERICA WEST AIRLINES, AMERICAN HOME ASSURANCE
Regular DecisionWorkers' Compensation

SAVINDER LAL vs. US AIRWAYS GROUP, INC. dba AMERICA WEST AIRLINES, AMERICAN HOME ASSURANCE

Filed: Apr 23, 2012
San Francisco
ADJ362898 (STK 0200921)

CompFox AI Summary

The Appeals Board denied the defendant's Petition for Removal, which sought to prevent the issuance of a psychiatric QME panel. The Board found the defendant's argument that Labor Code § 3208.3(d) prohibits payment for psychiatric QMEs due to short employment duration was misplaced, as QME costs are medical-legal expenses, not compensation. The Board dismissed the defendant's Petition for Reconsideration, deeming it moot and improperly filed as it relied on a mistaken belief that the removal petition was automatically denied. Therefore, the order for the psychiatric QME panel stands.

Full Decision Text1 Pages

The Appeals Board denied the defendant's Petition for Removal, which sought to prevent the issuance of a psychiatric QME panel. The Board found the defendant's argument that Labor Code § 3208.3(d) prohibits payment for psychiatric QMEs due to short employment duration was misplaced, as QME costs are medical-legal expenses, not compensation. The Board dismissed the defendant's Petition for Reconsideration, deeming it moot and improperly filed as it relied on a mistaken belief that the removal petition was automatically denied. Therefore, the order for the psychiatric QME panel stands.

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SAVINDER LAL vs. US AIRWAYS GROUP, INC. dba AMERICA WEST AIRLINES, AMERICAN HOME ASSURANCE (2012) – San Francisco | CompFox