CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for removal of a Finding of Fact. The defendant argued that a chiropractic QME evaluation was inappropriate for an injury to the applicant's right humerus, claiming chiropractors are limited to spinal issues. The Board found no persuasive evidence of significant prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. Therefore, removal was denied as it is an extraordinary remedy granted only in exceptional circumstances.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for removal of a Finding of Fact. The defendant argued that a chiropractic QME evaluation was inappropriate for an injury to the applicant's right humerus, claiming chiropractors are limited to spinal issues. The Board found no persuasive evidence of significant prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. Therefore, removal was denied as it is an extraordinary remedy granted only in exceptional circumstances.
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