CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal. The WCAB rescinded the trial judge's order requiring an Agreed Medical Evaluator (AME) to assess the cause of death. This was because no formal Application for Adjudication of Claim for death benefits had been filed, rendering the issue not properly before the WCJ. The matter is returned to the trial level to address any potential accrued benefits prior to the applicant's death.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal. The WCAB rescinded the trial judge's order requiring an Agreed Medical Evaluator (AME) to assess the cause of death. This was because no formal Application for Adjudication of Claim for death benefits had been filed, rendering the issue not properly before the WCJ. The matter is returned to the trial level to address any potential accrued benefits prior to the applicant's death.
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