CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the order from which it was taken was not a "final" order as it did not determine substantive rights or liabilities. The WCAB also denied the petition for removal, finding that the applicant failed to demonstrate substantial prejudice or irreparable harm. The applicant's allegations of bias and procedural unfairness did not meet the high standard required for removal. The original order taking the matter off calendar was deemed a proper procedural step to allow for a necessary re-evaluation by an Agreed Medical Evaluator.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the order from which it was taken was not a "final" order as it did not determine substantive rights or liabilities. The WCAB also denied the petition for removal, finding that the applicant failed to demonstrate substantial prejudice or irreparable harm. The applicant's allegations of bias and procedural unfairness did not meet the high standard required for removal. The original order taking the matter off calendar was deemed a proper procedural step to allow for a necessary re-evaluation by an Agreed Medical Evaluator.
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