Home/Case Law/JASMINE HUYNH vs. SUPPLEMENTAL HEALTH CARE, AMERICAN HOME ASSURANCE COMPANY
Regular DecisionRemoval

JASMINE HUYNH vs. SUPPLEMENTAL HEALTH CARE, AMERICAN HOME ASSURANCE COMPANY

Filed: Jan 07, 2011
San Francisco
ADJ2757176 (OAK 0342708)

CompFox AI Summary

This case involves an applicant who amended her claim to include a psyche injury at the Mandatory Settlement Conference. The defendant argues this prevented them from conducting discovery on the new issue. The Appeals Board granted the defendant's Petition for Removal because the medical record is incomplete, including a lack of final evaluation from a QME and insufficient opportunity for the defendant to obtain medical evaluations for the psyche injury. Furthermore, the relevance of a prior, pending reopened industrial injury claim and its associated medical records has not yet been determined. Consequently, the Board took the case off calendar to allow for further development of the record.

Full Decision Text1 Pages

This case involves an applicant who amended her claim to include a psyche injury at the Mandatory Settlement Conference. The defendant argues this prevented them from conducting discovery on the new issue. The Appeals Board granted the defendant's Petition for Removal because the medical record is incomplete, including a lack of final evaluation from a QME and insufficient opportunity for the defendant to obtain medical evaluations for the psyche injury. Furthermore, the relevance of a prior, pending reopened industrial injury claim and its associated medical records has not yet been determined. Consequently, the Board took the case off calendar to allow for further development of the record.

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