Home/Case Law/ERNEST ALEXANDER vs. LOWE'S HOME CENTERS, LLC; LOWES; SEDGWICK
Regular DecisionWorkers' Compensation

ERNEST ALEXANDER vs. LOWE'S HOME CENTERS, LLC; LOWES; SEDGWICK

Filed: Mar 28, 2017
Fresno
ADJ9298433

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal of an order for additional QME panels. Removal is an extraordinary remedy, requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. The Board adopted the WCJ's report, noting the petition was unverified and reconsideration would be an adequate remedy. The WCJ found good cause existed for the additional panels due to disputed body parts and the limitations of the initial podiatrist's specialty.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal of an order for additional QME panels. Removal is an extraordinary remedy, requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. The Board adopted the WCJ's report, noting the petition was unverified and reconsideration would be an adequate remedy. The WCJ found good cause existed for the additional panels due to disputed body parts and the limitations of the initial podiatrist's specialty.

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