CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the challenged order, a "Replacement QME Panel" decision, was not a final order as required by Labor Code sections 5900(a), 5902, and 5903. The WCAB also denied the alternative Petition for Removal, finding no showing of substantial prejudice or irreparable harm that would justify this extraordinary remedy. Although the WCAB found the petition timely despite defective service by the defendant, the substantive issues did not warrant reconsideration or removal. Therefore, both the Petition for Reconsideration and the Petition for Removal were dismissed and denied, respectively.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the challenged order, a "Replacement QME Panel" decision, was not a final order as required by Labor Code sections 5900(a), 5902, and 5903. The WCAB also denied the alternative Petition for Removal, finding no showing of substantial prejudice or irreparable harm that would justify this extraordinary remedy. Although the WCAB found the petition timely despite defective service by the defendant, the substantive issues did not warrant reconsideration or removal. Therefore, both the Petition for Reconsideration and the Petition for Removal were dismissed and denied, respectively.
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