Home/Case Law/CONCEPCION VASQUEZ vs. PROVIDENCE SAINT JOSEPH MEDICAL CENTER, SEDGWICK CLAIMS MANAGEMENT SERVICES
Regular DecisionReconsideration

CONCEPCION VASQUEZ vs. PROVIDENCE SAINT JOSEPH MEDICAL CENTER, SEDGWICK CLAIMS MANAGEMENT SERVICES

Filed: Jan 17, 2017
Van Nuys
ADJ8641731

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed Providence Saint Joseph Medical Center's Petition for Reconsideration and denied their Petition for Removal. The defendant sought a replacement psychiatric QME panel, arguing the chosen QME, Dr. Pretsky, failed to respond to a request for a supplemental report within the 60-day timeframe. The Board found the WCJ's order was not a final decision, thus improper for reconsideration. Furthermore, they determined that removal was unwarranted as the defendant failed to show substantial prejudice or irreparable harm, and a lengthy delay in objecting indicated a potential waiver of the timeliness issue.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed Providence Saint Joseph Medical Center's Petition for Reconsideration and denied their Petition for Removal. The defendant sought a replacement psychiatric QME panel, arguing the chosen QME, Dr. Pretsky, failed to respond to a request for a supplemental report within the 60-day timeframe. The Board found the WCJ's order was not a final decision, thus improper for reconsideration. Furthermore, they determined that removal was unwarranted as the defendant failed to show substantial prejudice or irreparable harm, and a lengthy delay in objecting indicated a potential waiver of the timeliness issue.

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