Home/Case Law/SENEL ACOSTA vs. CREATIVE WATERWAYS, INC., YORK INSURANCE SERVICES GROUP, INC.
Regular DecisionRemoval

SENEL ACOSTA vs. CREATIVE WATERWAYS, INC., YORK INSURANCE SERVICES GROUP, INC.

Filed: Nov 01, 2012
Goleta
ADJ7775067

CompFox AI Summary

The Appeals Board granted the defendant's Petition for Removal to rescind an order directing a panel Qualified Medical Evaluator (QME) in psychiatry. The Board found that the workers' compensation judge erred by ordering further medical record development before the case was tried or submitted. It is premature to mandate a psychiatric QME before establishing deficiencies in existing medical opinions and without trial evidence. The case is returned to the trial level for further proceedings, including a status conference and potential expedited hearing.

Full Decision Text1 Pages

The Appeals Board granted the defendant's Petition for Removal to rescind an order directing a panel Qualified Medical Evaluator (QME) in psychiatry. The Board found that the workers' compensation judge erred by ordering further medical record development before the case was tried or submitted. It is premature to mandate a psychiatric QME before establishing deficiencies in existing medical opinions and without trial evidence. The case is returned to the trial level for further proceedings, including a status conference and potential expedited hearing.

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SENEL ACOSTA vs. CREATIVE WATERWAYS, INC., YORK INSURANCE SERVICES GROUP, INC. (2012) – Goleta | CompFox