CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the administrative law judge's order for a replacement Qualified Medical Evaluator (QME). The Board found the judge did not properly consider if good cause existed for replacement, particularly regarding an untimely supplemental report. The Board remanded the case to the trial level for further proceedings, requiring evaluation of factors like prejudice and efforts to remedy delays before a replacement QME is ordered. The ultimate decision will hinge on a comprehensive analysis of these factors, not solely the untimeliness of the report.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the administrative law judge's order for a replacement Qualified Medical Evaluator (QME). The Board found the judge did not properly consider if good cause existed for replacement, particularly regarding an untimely supplemental report. The Board remanded the case to the trial level for further proceedings, requiring evaluation of factors like prejudice and efforts to remedy delays before a replacement QME is ordered. The ultimate decision will hinge on a comprehensive analysis of these factors, not solely the untimeliness of the report.
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