Home/Case Law/ALMA PADRON vs. MODESTO CITY SCHOOLS
Regular DecisionReconsideration

ALMA PADRON vs. MODESTO CITY SCHOOLS

Filed: Aug 21, 2019
Stockton
ADJ10885080

CompFox AI Summary

The Workers' Compensation Appeals Board affirmed a judge's finding that the applicant's Qualified Medical Evaluator (QME) report was not untimely. The applicant argued the report was late because she did not receive it until after her objection date, but the Board found her objection was filed after the QME's proof of service date. The Board also determined that the timeliness of the QME report was an interlocutory issue not subject to reconsideration and that the applicant failed to demonstrate irreparable harm. Therefore, the Board denied the applicant's petition for reconsideration.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board affirmed a judge's finding that the applicant's Qualified Medical Evaluator (QME) report was not untimely. The applicant argued the report was late because she did not receive it until after her objection date, but the Board found her objection was filed after the QME's proof of service date. The Board also determined that the timeliness of the QME report was an interlocutory issue not subject to reconsideration and that the applicant failed to demonstrate irreparable harm. Therefore, the Board denied the applicant's petition for reconsideration.

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