CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration, finding that the WCJ's order excluding an agreed medical evaluator's reports due to ex-parte communication was not a final order. However, the Board granted removal, rescinded the WCJ's order, and returned the case to the trial level for further proceedings. The Board found that while the defendant violated rules regarding ex-parte communication with the AME, the applicant waived the right to exclude the AME's reports by proceeding with the evaluation. The case will be reconsidered for issues regarding the adequacy of the stipulations and whether further development of the record is needed.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration, finding that the WCJ's order excluding an agreed medical evaluator's reports due to ex-parte communication was not a final order. However, the Board granted removal, rescinded the WCJ's order, and returned the case to the trial level for further proceedings. The Board found that while the defendant violated rules regarding ex-parte communication with the AME, the applicant waived the right to exclude the AME's reports by proceeding with the evaluation. The case will be reconsidered for issues regarding the adequacy of the stipulations and whether further development of the record is needed.
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