CompFox AI Summary
The Workers' Compensation Appeals Board granted defendant's Petition for Removal, rescinded the WCJ's order denying a replacement QME panel, and returned the case for further proceedings. The WCJ's order was vacated because it was issued without any admitted evidence in the record, violating the requirement that decisions be based on substantial evidence. Furthermore, the Board directed the WCJ to consider the recent en banc decision in Suon v. California Dairies concerning Labor Code section 4062.3. The underlying dispute involves allegations of ex parte communication between the applicant and the QME.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted defendant's Petition for Removal, rescinded the WCJ's order denying a replacement QME panel, and returned the case for further proceedings. The WCJ's order was vacated because it was issued without any admitted evidence in the record, violating the requirement that decisions be based on substantial evidence. Furthermore, the Board directed the WCJ to consider the recent en banc decision in Suon v. California Dairies concerning Labor Code section 4062.3. The underlying dispute involves allegations of ex parte communication between the applicant and the QME.
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