CompFox AI Summary
This case involves an applicant's petition to rescind an order taking the matter off calendar. The applicant argued the defendant waived their right to a QME evaluation by failing to timely object to the treating physician's report. The Board denied the petition, finding the defendant's objection was likely under Labor Code section 4061, which does not have a strict time frame for objections to permanent disability ratings. Furthermore, the applicant reserved their rights to object to QME reports at trial, and any prejudice could be addressed through reconsideration.
Full Decision Text1 Pages
This case involves an applicant's petition to rescind an order taking the matter off calendar. The applicant argued the defendant waived their right to a QME evaluation by failing to timely object to the treating physician's report. The Board denied the petition, finding the defendant's objection was likely under Labor Code section 4061, which does not have a strict time frame for objections to permanent disability ratings. Furthermore, the applicant reserved their rights to object to QME reports at trial, and any prejudice could be addressed through reconsideration.
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