CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as procedural, finding the WCJ's decision was not a final order. The Board denied the applicant's petition for removal, affirming the WCJ's ruling that Dr. Joel's second medical report was untimely based on regulatory timeframes. Defendant's petition for removal was also denied, with the Board adopting the WCJ's reasoning for returning the matter to the trial level. A dissenting opinion argued for the admissibility of the second report and against appointing a replacement QME due to waiver and potential prejudice.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as procedural, finding the WCJ's decision was not a final order. The Board denied the applicant's petition for removal, affirming the WCJ's ruling that Dr. Joel's second medical report was untimely based on regulatory timeframes. Defendant's petition for removal was also denied, with the Board adopting the WCJ's reasoning for returning the matter to the trial level. A dissenting opinion argued for the admissibility of the second report and against appointing a replacement QME due to waiver and potential prejudice.
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