CompFox AI Summary
The Appeals Board granted the employer's petition for removal, rescinding the prior order that required the applicant to return to the original Qualified Medical Evaluator (QME) for a new injury claim. This decision was based on the Board's en banc ruling in Navarro, which invalidated the portion of Rule 35.5(e) requiring return to the same QME for a subsequent injury claim. The case is returned to the WCJ to determine the appropriate medical specialty for a new QME evaluation. The Board will not consider arguments not raised at the trial level.
Full Decision Text1 Pages
The Appeals Board granted the employer's petition for removal, rescinding the prior order that required the applicant to return to the original Qualified Medical Evaluator (QME) for a new injury claim. This decision was based on the Board's en banc ruling in Navarro, which invalidated the portion of Rule 35.5(e) requiring return to the same QME for a subsequent injury claim. The case is returned to the WCJ to determine the appropriate medical specialty for a new QME evaluation. The Board will not consider arguments not raised at the trial level.
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