Home/Case Law/DAVID S. FITZGERALD vs. STATE OF CALIFORNIA/EDD, STATE COMPENSATION INSURANCE FUND
Regular Decision

DAVID S. FITZGERALD vs. STATE OF CALIFORNIA/EDD, STATE COMPENSATION INSURANCE FUND

Filed: Apr 21, 2008
MON 316253

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for removal, which sought to rescind an order for the State Compensation Insurance Fund to pay for medical tests requested by an Independent Medical Examiner. The Board found that the applicant has the right to refuse testing, and as no refusal has occurred, the defendant has suffered no prejudice. The petition was deemed timely filed, but the merits did not support removal at this stage.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for removal, which sought to rescind an order for the State Compensation Insurance Fund to pay for medical tests requested by an Independent Medical Examiner. The Board found that the applicant has the right to refuse testing, and as no refusal has occurred, the defendant has suffered no prejudice. The petition was deemed timely filed, but the merits did not support removal at this stage.

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