CompFox AI Summary
This case involves an applicant's petition for removal challenging a WCJ's decision validating the defendant's request for a Qualified Medical Evaluator (QME) panel. The applicant argued the panel request was invalid because it was based on Labor Code section 4061 before permanent and stationary status was reached. The Appeals Board denied the petition, finding the WCJ's decision addressed a threshold issue, making it a final order. However, because the petitioner only challenged an interlocutory finding within that order, the Appeals Board applied the stricter removal standard. Removal was denied as the applicant failed to demonstrate significant prejudice or irreparable harm, and that reconsideration would not be an adequate remedy.
Full Decision Text1 Pages
This case involves an applicant's petition for removal challenging a WCJ's decision validating the defendant's request for a Qualified Medical Evaluator (QME) panel. The applicant argued the panel request was invalid because it was based on Labor Code section 4061 before permanent and stationary status was reached. The Appeals Board denied the petition, finding the WCJ's decision addressed a threshold issue, making it a final order. However, because the petitioner only challenged an interlocutory finding within that order, the Appeals Board applied the stricter removal standard. Removal was denied as the applicant failed to demonstrate significant prejudice or irreparable harm, and that reconsideration would not be an adequate remedy.
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