CompFox AI Summary
The Appeals Board granted the employer's Petition for Removal, rescinding the WCJ's order that removed the case from calendar. The Board found that while Labor Code section 4060 does not prohibit an applicant from requesting a QME panel before claim denial, the applicant may have failed to properly request a medical evaluation ten days prior. Furthermore, the Board noted insufficient information regarding the applicant's treating physician's specialty to determine the validity of the chiropractic QME panel. The case was returned to the trial level for further proceedings to resolve these issues.
Full Decision Text1 Pages
The Appeals Board granted the employer's Petition for Removal, rescinding the WCJ's order that removed the case from calendar. The Board found that while Labor Code section 4060 does not prohibit an applicant from requesting a QME panel before claim denial, the applicant may have failed to properly request a medical evaluation ten days prior. Furthermore, the Board noted insufficient information regarding the applicant's treating physician's specialty to determine the validity of the chiropractic QME panel. The case was returned to the trial level for further proceedings to resolve these issues.
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