CompFox AI Summary
In this case, the Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The Board found that the applicant demonstrated good cause to obtain an alternative Qualified Medical Evaluator (QME) because the original QME was not readily available to provide a necessary report. While the judge initially ruled before receiving the defendant's response, the Board reviewed the defendant's objections, thus satisfying due process requirements. The Board also determined that rules regarding timely objections and deposition requirements did not apply or had been sufficiently addressed.
Full Decision Text1 Pages
In this case, the Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The Board found that the applicant demonstrated good cause to obtain an alternative Qualified Medical Evaluator (QME) because the original QME was not readily available to provide a necessary report. While the judge initially ruled before receiving the defendant's response, the Board reviewed the defendant's objections, thus satisfying due process requirements. The Board also determined that rules regarding timely objections and deposition requirements did not apply or had been sufficiently addressed.
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