CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was not filed from a final order, as the Workers' Compensation Judge (WCJ) had only issued an order to develop the record. The WCAB treated the petition as a Petition for Removal and denied it, finding no significant prejudice or irreparable harm to the defendant. The WCAB affirmed the WCJ's decision to order further development of the record, citing deficiencies in the existing medical evidence regarding industrial aggravation of the applicant's claimed injury. The defendant's arguments that the WCJ acted improperly or developed a new legal theory were found to be without merit.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was not filed from a final order, as the Workers' Compensation Judge (WCJ) had only issued an order to develop the record. The WCAB treated the petition as a Petition for Removal and denied it, finding no significant prejudice or irreparable harm to the defendant. The WCAB affirmed the WCJ's decision to order further development of the record, citing deficiencies in the existing medical evidence regarding industrial aggravation of the applicant's claimed injury. The defendant's arguments that the WCJ acted improperly or developed a new legal theory were found to be without merit.
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