Home/Case Law/CARLOS GERMAN vs. E&J GALLO WINERY
Regular DecisionRegular Panel Decision

CARLOS GERMAN vs. E&J GALLO WINERY

Filed: Jul 11, 2016
Stockton
ADJ10142412

CompFox AI Summary

The defendant sought reconsideration and removal of a Findings and Order finding the applicant's choice of a chiropractic QME appropriate. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, deeming the QME specialty selection a non-final discovery order. Removal was denied as the defendant failed to demonstrate substantial prejudice or irreparable harm, and medical evidence did not conclusively show an orthopedic surgeon was more appropriate. The Board admonished defense counsel for filing on a non-final order.

Full Decision Text1 Pages

The defendant sought reconsideration and removal of a Findings and Order finding the applicant's choice of a chiropractic QME appropriate. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, deeming the QME specialty selection a non-final discovery order. Removal was denied as the defendant failed to demonstrate substantial prejudice or irreparable harm, and medical evidence did not conclusively show an orthopedic surgeon was more appropriate. The Board admonished defense counsel for filing on a non-final order.

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