CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's prior order, and returned the case to the trial level for further proceedings. The Board found the WCJ lacked jurisdiction to deny the applicant's appeal of an Independent Medical Review (IMR) determination, as there was no proof the applicant withdrew their IMR application. The WCJ also incorrectly dismissed the applicant's appeal of the IMR decision instead of addressing its merits. The matter is now remanded for the WCJ to decide the IMR appeal on its merits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's prior order, and returned the case to the trial level for further proceedings. The Board found the WCJ lacked jurisdiction to deny the applicant's appeal of an Independent Medical Review (IMR) determination, as there was no proof the applicant withdrew their IMR application. The WCJ also incorrectly dismissed the applicant's appeal of the IMR decision instead of addressing its merits. The matter is now remanded for the WCJ to decide the IMR appeal on its merits.
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