Home/Case Law/CHERYL CIENFUEGOS vs. FOUNTAIN VALLEY SCHOOL DISTRICT, KEENAN & ASSOCIATES
Regular DecisionRemoval

CHERYL CIENFUEGOS vs. FOUNTAIN VALLEY SCHOOL DISTRICT, KEENAN & ASSOCIATES

Filed: May 12, 2011
San Francisco
ADJ6640151

CompFox AI Summary

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding an order compelling the applicant to see a second Qualified Medical Evaluator (QME), Dr. Dao. The Board found that the applicant was not entitled to a second QME solely due to a delay in scheduling a supplemental examination with the first QME, Dr. Chiu. The Board reasoned that administrative rules regarding QME availability do not apply to supplemental evaluations. Consequently, the applicant must attend the rescheduled examination with Dr. Chiu.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding an order compelling the applicant to see a second Qualified Medical Evaluator (QME), Dr. Dao. The Board found that the applicant was not entitled to a second QME solely due to a delay in scheduling a supplemental examination with the first QME, Dr. Chiu. The Board reasoned that administrative rules regarding QME availability do not apply to supplemental evaluations. Consequently, the applicant must attend the rescheduled examination with Dr. Chiu.

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