Home/Case Law/ALEXANDER CASTILLO vs. AIRGAS, INC., INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC.
Regular DecisionRegular Panel Decision

ALEXANDER CASTILLO vs. AIRGAS, INC., INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC.

Filed: Aug 19, 2013
San Francisco
ADJ8690817 ADJ8691038

CompFox AI Summary

The Appeals Board denied the applicant's petition for removal to compel a Qualified Medical Examiner (QME) evaluation before trial. The Board found that the order setting the matter for trial on compensability was not a final order, and the applicant could renew the request for a QME at trial without suffering irreparable harm. Furthermore, the Board noted that the trial judge could order further development of the record, including a QME, after hearing evidence. Therefore, removal was deemed an inappropriate remedy.

Full Decision Text1 Pages

The Appeals Board denied the applicant's petition for removal to compel a Qualified Medical Examiner (QME) evaluation before trial. The Board found that the order setting the matter for trial on compensability was not a final order, and the applicant could renew the request for a QME at trial without suffering irreparable harm. Furthermore, the Board noted that the trial judge could order further development of the record, including a QME, after hearing evidence. Therefore, removal was deemed an inappropriate remedy.

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