CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal because the requested stay of a medical examination was moot. The Board noted that the WCJ has discretion to consider post-hearing medical reports for permanent disability determinations, as the case still requires the development of the record. Furthermore, proceedings regarding further medical treatment are within the WCJ's purview, especially as applicant's award for treatment is final. The case remains pending at the trial level for final determination of permanent disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal because the requested stay of a medical examination was moot. The Board noted that the WCJ has discretion to consider post-hearing medical reports for permanent disability determinations, as the case still requires the development of the record. Furthermore, proceedings regarding further medical treatment are within the WCJ's purview, especially as applicant's award for treatment is final. The case remains pending at the trial level for final determination of permanent disability.
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