CompFox AI Summary
The Appeals Board granted the defendant's petition for removal, rescinding the WCJ's order to develop the record. The applicant failed to obtain a valid medical evaluation compliant with Labor Code sections 4060 and 4062.2 regarding an industrial injury claim. The Board found the applicant waived her right to such an evaluation due to inaction and a strategic decision at trial. Consequently, the case is returned to the WCJ to decide the merits based solely on the existing record.
Full Decision Text1 Pages
The Appeals Board granted the defendant's petition for removal, rescinding the WCJ's order to develop the record. The applicant failed to obtain a valid medical evaluation compliant with Labor Code sections 4060 and 4062.2 regarding an industrial injury claim. The Board found the applicant waived her right to such an evaluation due to inaction and a strategic decision at trial. Consequently, the case is returned to the WCJ to decide the merits based solely on the existing record.
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