CompFox AI Summary
The Workers' Compensation Appeals Board granted removal, rescinded the WCJ's order, and returned the case to the trial level. The WCJ had vacated trial submission and appointed three new physicians, but the Board found this premature and unsupported by proper procedure. The Board stressed that existing medical evidence should be supplemented or further developed before appointing new physicians, particularly when a specific specialty was requested by a party. The WCJ must now address the disputed issues, including the defendant's request for a neurology QME, following established procedures.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted removal, rescinded the WCJ's order, and returned the case to the trial level. The WCJ had vacated trial submission and appointed three new physicians, but the Board found this premature and unsupported by proper procedure. The Board stressed that existing medical evidence should be supplemented or further developed before appointing new physicians, particularly when a specific specialty was requested by a party. The WCJ must now address the disputed issues, including the defendant's request for a neurology QME, following established procedures.
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