CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The Board found that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The WCJ's decision was consistent with the en banc decision in Matute, which held that a party has ten days plus five days for mailing to strike a name from a QME panel assignment. This ruling applies to panel assignments communicated by mail.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The Board found that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The WCJ's decision was consistent with the en banc decision in Matute, which held that a party has ten days plus five days for mailing to strike a name from a QME panel assignment. This ruling applies to panel assignments communicated by mail.
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