CompFox AI Summary
This case concerns a defendant's petition for removal after a Workers' Compensation Judge denied their request for a replacement Qualified Medical Examiner (QME). The defendant alleged the applicant violated Labor Code section 4062.3 by improperly sending medical records to the QME, which the parties had agreed should be withheld. The Appeals Board granted removal, finding the WCJ's decision was not based on admitted evidence and lacked an Opinion on Decision. The case is returned to the trial level for further proceedings before a new WCJ.
Full Decision Text1 Pages
This case concerns a defendant's petition for removal after a Workers' Compensation Judge denied their request for a replacement Qualified Medical Examiner (QME). The defendant alleged the applicant violated Labor Code section 4062.3 by improperly sending medical records to the QME, which the parties had agreed should be withheld. The Appeals Board granted removal, finding the WCJ's decision was not based on admitted evidence and lacked an Opinion on Decision. The case is returned to the trial level for further proceedings before a new WCJ.
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