CompFox AI Summary
This case involves an applicant's claim for workers' compensation benefits due to an industrial injury. The defendant sought reconsideration and removal of an order requiring the applicant to be examined by a Spanish-speaking neuropsychologist. The Appeals Board dismissed the reconsideration, finding the order interlocutory and not a final determination of substantive rights. While the Board denied removal, one Commissioner dissented, arguing the WCJ erred by relying on inapplicable protocols and mandating a language-specific examiner rather than a certified interpreter, which could cause substantial prejudice and set an improper precedent.
Full Decision Text1 Pages
This case involves an applicant's claim for workers' compensation benefits due to an industrial injury. The defendant sought reconsideration and removal of an order requiring the applicant to be examined by a Spanish-speaking neuropsychologist. The Appeals Board dismissed the reconsideration, finding the order interlocutory and not a final determination of substantive rights. While the Board denied removal, one Commissioner dissented, arguing the WCJ erred by relying on inapplicable protocols and mandating a language-specific examiner rather than a certified interpreter, which could cause substantial prejudice and set an improper precedent.
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