Home/Case Law/CARLA FRANCO vs. EPICUREAN GROUP, EMPLOYERS COMPENSATION INSURANCE COMPANY
Regular DecisionReconsideration

CARLA FRANCO vs. EPICUREAN GROUP, EMPLOYERS COMPENSATION INSURANCE COMPANY

Filed: Mar 13, 2020
San Francisco
ADJ12198863

CompFox AI Summary

The Appeals Board granted reconsideration, rescinded the WCJ's Findings and Order, and returned the matter for further proceedings. The WCJ incorrectly determined that a QME panel requested by the applicant was void due to a system error without sufficient evidence. The Board found that the applicant's attorney failed to adequately follow administrative rules regarding technical difficulties with online panel requests. Furthermore, the WCJ's assumption that the system error was not caused by the applicant's attorney was speculative.

Full Decision Text1 Pages

The Appeals Board granted reconsideration, rescinded the WCJ's Findings and Order, and returned the matter for further proceedings. The WCJ incorrectly determined that a QME panel requested by the applicant was void due to a system error without sufficient evidence. The Board found that the applicant's attorney failed to adequately follow administrative rules regarding technical difficulties with online panel requests. Furthermore, the WCJ's assumption that the system error was not caused by the applicant's attorney was speculative.

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