CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was not filed from a "final" order, but rather an interlocutory one concerning the selection of a Qualified Medical Evaluator. The Board also denied the implied Petition for Removal, finding no evidence of substantial prejudice or irreparable harm from the decision to proceed. The underlying dispute centered on the timeliness of the defendant's objection to a treating physician's report, which the judge determined was timely based on evidence of misdirected faxes. Ultimately, the Board adopted the judge's report and recommendation, dismissing the reconsideration and denying removal.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was not filed from a "final" order, but rather an interlocutory one concerning the selection of a Qualified Medical Evaluator. The Board also denied the implied Petition for Removal, finding no evidence of substantial prejudice or irreparable harm from the decision to proceed. The underlying dispute centered on the timeliness of the defendant's objection to a treating physician's report, which the judge determined was timely based on evidence of misdirected faxes. Ultimately, the Board adopted the judge's report and recommendation, dismissing the reconsideration and denying removal.
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