CompFox AI Summary
The Appeals Board granted the applicant's Petition for Removal, rescinding the WCJ's order for a replacement QME and returning the matter for further proceedings. Applicant contended the prior order prejudiced her due process rights and right to trial by addressing QME replacement without sufficient evidence or a proper hearing. The Board found substantial prejudice and irreparable harm would result if removal were denied. The WCJ must now hold a hearing to establish evidence and determine if a replacement QME is warranted under Rule 31.5.
Full Decision Text1 Pages
The Appeals Board granted the applicant's Petition for Removal, rescinding the WCJ's order for a replacement QME and returning the matter for further proceedings. Applicant contended the prior order prejudiced her due process rights and right to trial by addressing QME replacement without sufficient evidence or a proper hearing. The Board found substantial prejudice and irreparable harm would result if removal were denied. The WCJ must now hold a hearing to establish evidence and determine if a replacement QME is warranted under Rule 31.5.
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