CompFox AI Summary
In this workers' compensation case, the defendant sought to remove an order requiring the applicant to undergo a medical-legal examination by Dr. Levine regarding chronic pain versus fibromyalgia. The defendant argued the Administrative Law Judge (ALJ) exceeded her authority under Labor Code section 5701. The Appeals Board denied the petition, finding the examination was properly ordered under section 4062(a) and not section 5701. The Board emphasized the matter's advanced age (thirteen years post-injury) and instructed that no further continuances would be permitted after the examination and potential rebuttal.
Full Decision Text1 Pages
In this workers' compensation case, the defendant sought to remove an order requiring the applicant to undergo a medical-legal examination by Dr. Levine regarding chronic pain versus fibromyalgia. The defendant argued the Administrative Law Judge (ALJ) exceeded her authority under Labor Code section 5701. The Appeals Board denied the petition, finding the examination was properly ordered under section 4062(a) and not section 5701. The Board emphasized the matter's advanced age (thirteen years post-injury) and instructed that no further continuances would be permitted after the examination and potential rebuttal.
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