CompFox AI Summary
The Appeals Board denied applicant's Petition for Removal, finding no irreparable harm or prejudice to warrant this extraordinary remedy. The Board held that a WCJ can order documents, including prior settlement and disability rating documents, be provided to an Agreed Medical Examiner (AME) when parties cannot agree. This aligns with WCAB Rule 53, which allows a WCJ to resolve discovery disputes regarding AME submissions. The Board also admonished applicant's counsel for violating procedural rules regarding inflammatory language and redundant filings.
Full Decision Text1 Pages
The Appeals Board denied applicant's Petition for Removal, finding no irreparable harm or prejudice to warrant this extraordinary remedy. The Board held that a WCJ can order documents, including prior settlement and disability rating documents, be provided to an Agreed Medical Examiner (AME) when parties cannot agree. This aligns with WCAB Rule 53, which allows a WCJ to resolve discovery disputes regarding AME submissions. The Board also admonished applicant's counsel for violating procedural rules regarding inflammatory language and redundant filings.
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