CompFox AI Summary
This case concerns whether Labor Code section 4062 or 4062.2 governs the medical evaluation process for applicant Shawn Pettway's injuries. The Workers' Compensation Appeals Board (WCAB) granted the defendant school district's petition for removal. The WCAB found that since Pettway's injuries occurred prior to January 1, 2005, the older section 4062 applies, entitling the defendant to select its own Qualified Medical Evaluator if an Agreed Medical Evaluator cannot be reached. Consequently, the WCAB rescinded the prior order compelling the parties to agree on an AME or panel.
Full Decision Text1 Pages
This case concerns whether Labor Code section 4062 or 4062.2 governs the medical evaluation process for applicant Shawn Pettway's injuries. The Workers' Compensation Appeals Board (WCAB) granted the defendant school district's petition for removal. The WCAB found that since Pettway's injuries occurred prior to January 1, 2005, the older section 4062 applies, entitling the defendant to select its own Qualified Medical Evaluator if an Agreed Medical Evaluator cannot be reached. Consequently, the WCAB rescinded the prior order compelling the parties to agree on an AME or panel.
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