Home/Case Law/ALBERT MARTINEZ vs. ALLIED BARTON SECURITY, ARCH INSURANCE, ESIS, INC.
Regular DecisionRegular Panel Decision

ALBERT MARTINEZ vs. ALLIED BARTON SECURITY, ARCH INSURANCE, ESIS, INC.

Filed: Nov 20, 2018
Marina Del Rey
ADJ9202916

CompFox AI Summary

The Appeals Board granted the defendant's petition for removal to review a WCJ's order excluding QME reports due to an alleged violation of Labor Code section 4062.3. The WCJ had found such a violation and ordered parties to agree on a new QME or panel. The Appeals Board, applying its recent en banc decision in Suon v. California Dairies, rescinded the WCJ's order and returned the case for further proceedings consistent with the Suon ruling. This means the prior exclusion of evidence may be re-evaluated under the clarified legal standard.

Full Decision Text1 Pages

The Appeals Board granted the defendant's petition for removal to review a WCJ's order excluding QME reports due to an alleged violation of Labor Code section 4062.3. The WCJ had found such a violation and ordered parties to agree on a new QME or panel. The Appeals Board, applying its recent en banc decision in Suon v. California Dairies, rescinded the WCJ's order and returned the case for further proceedings consistent with the Suon ruling. This means the prior exclusion of evidence may be re-evaluated under the clarified legal standard.

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