CompFox AI Summary
The applicant, Albertina Funez, sought removal of a WCJ's order setting her case for trial on all issues, arguing it prejudiced her ability to prove her claims. She contended that discovery was incomplete and a psychiatric PQME determination was a prerequisite to a full trial. The majority of the Appeals Board denied the petition, agreeing with the WCJ that trial was the most effective means to resolve the PQME dispute and that applicant had not suffered irreparable harm. Commissioner Sweeney dissented, believing a trial on all issues was premature given deficiencies in the record, particularly regarding the psychiatric PQME, and that this could be wasteful of resources.
Full Decision Text1 Pages
The applicant, Albertina Funez, sought removal of a WCJ's order setting her case for trial on all issues, arguing it prejudiced her ability to prove her claims. She contended that discovery was incomplete and a psychiatric PQME determination was a prerequisite to a full trial. The majority of the Appeals Board denied the petition, agreeing with the WCJ that trial was the most effective means to resolve the PQME dispute and that applicant had not suffered irreparable harm. Commissioner Sweeney dissented, believing a trial on all issues was premature given deficiencies in the record, particularly regarding the psychiatric PQME, and that this could be wasteful of resources.
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