Home/Case Law/SHERI COSBY vs. M. E. FOX & CO., ACCLAMATION INSURANCE MANAGEMENT SYSTEMS [AIMS]
Regular DecisionReconsideration

SHERI COSBY vs. M. E. FOX & CO., ACCLAMATION INSURANCE MANAGEMENT SYSTEMS [AIMS]

Filed: Oct 22, 2007
SJO 0258370; SJO 0258371; SJO 0264287

CompFox AI Summary

The Appeals Board dismissed the applicant's petition for reconsideration of a denial to withdraw from a QME due to it not being a final order. However, the Board granted removal and rescinded the judge's order, allowing the applicant to withdraw from the QME due to the defendant's improper submission of non-medical information post-examination, violating Labor Code section 4062.3. While acknowledging the applicant's delay in raising the issue, the Board found no waiver or laches, ordering a new QME evaluation.

Full Decision Text1 Pages

The Appeals Board dismissed the applicant's petition for reconsideration of a denial to withdraw from a QME due to it not being a final order. However, the Board granted removal and rescinded the judge's order, allowing the applicant to withdraw from the QME due to the defendant's improper submission of non-medical information post-examination, violating Labor Code section 4062.3. While acknowledging the applicant's delay in raising the issue, the Board found no waiver or laches, ordering a new QME evaluation.

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SHERI COSBY vs. M. E. FOX & CO., ACCLAMATION INSURANCE MANAGEMENT SYSTEMS [AIMS] (2007) – | CompFox