Home/Case Law/Barbara Stewart vs. State of California, Department of Corrections & Rehabilitation
Regular DecisionReconsideration

Barbara Stewart vs. State of California, Department of Corrections & Rehabilitation

Filed: Sep 17, 2019
Salinas
ADJ8509489, ADJ8509492, ADJ8509493, ADJ8834631

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, reversing the WCJ's finding that the Agreed Medical Evaluator (AME) was not appropriately replaced. The Board found that due to the AME's impending retirement and unavailability for further discovery regarding the applicant's hypertension and sleep issues, a replacement Qualified Medical Evaluator (QME) panel was validly obtained. Consequently, the parties are ordered to utilize the new QME panel for further evaluation. This decision ensures the applicant's due process rights for discovery on internal medicine claims are protected.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, reversing the WCJ's finding that the Agreed Medical Evaluator (AME) was not appropriately replaced. The Board found that due to the AME's impending retirement and unavailability for further discovery regarding the applicant's hypertension and sleep issues, a replacement Qualified Medical Evaluator (QME) panel was validly obtained. Consequently, the parties are ordered to utilize the new QME panel for further evaluation. This decision ensures the applicant's due process rights for discovery on internal medicine claims are protected.

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