Home/Case Law/CLISE MARTINEZ vs. GOLDEN VALLEY HEALTH CENTER, AMTRUST NORTH AMERICA
Regular DecisionWorkers' Compensation

CLISE MARTINEZ vs. GOLDEN VALLEY HEALTH CENTER, AMTRUST NORTH AMERICA

Filed: Apr 09, 2013
Stockton
ADJ8022096

CompFox AI Summary

The Appeals Board dismissed the Applicant's Petition for Reconsideration because it was not taken from a "final" order, but rather an interlocutory procedural decision. The Applicant sought to strike a Qualified Medical Examiner's report and obtain a replacement panel, alleging violations of administrative regulations regarding notice periods and office standards. The Board found that the Applicant's motion was untimely, having been filed after the QME report was issued, and that the alleged violations did not warrant a replacement panel, especially as they appeared to be attempts at "doctor shopping." Therefore, both the Petition for Reconsideration and the Petition for Removal were denied.

Full Decision Text1 Pages

The Appeals Board dismissed the Applicant's Petition for Reconsideration because it was not taken from a "final" order, but rather an interlocutory procedural decision. The Applicant sought to strike a Qualified Medical Examiner's report and obtain a replacement panel, alleging violations of administrative regulations regarding notice periods and office standards. The Board found that the Applicant's motion was untimely, having been filed after the QME report was issued, and that the alleged violations did not warrant a replacement panel, especially as they appeared to be attempts at "doctor shopping." Therefore, both the Petition for Reconsideration and the Petition for Removal were denied.

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