Home/Case Law/KHORSHID AGAHI vs. HOAG MEMORIAL HOSPITAL
Regular DecisionReconsideration

KHORSHID AGAHI vs. HOAG MEMORIAL HOSPITAL

Filed: Sep 16, 2019
Anaheim
ADJ8245508 ADJ10745009

CompFox AI Summary

The WCAB granted reconsideration, affirming the WCJ's decision that the applicant's 2012 award was timely reopened. The Board clarified that a Declaration of Readiness to Proceed filed within five years constituted a timely petition to reopen, despite not being explicitly labeled as such. Additionally, the Board affirmed the applicant's entitlement to a psychiatric QME panel, noting the treating physician's recommendation for such an evaluation superseded any procedural arguments regarding objections to his report. The WCAB determined that a prior interlocutory discovery order did not preclude further development of the record.

Full Decision Text1 Pages

The WCAB granted reconsideration, affirming the WCJ's decision that the applicant's 2012 award was timely reopened. The Board clarified that a Declaration of Readiness to Proceed filed within five years constituted a timely petition to reopen, despite not being explicitly labeled as such. Additionally, the Board affirmed the applicant's entitlement to a psychiatric QME panel, noting the treating physician's recommendation for such an evaluation superseded any procedural arguments regarding objections to his report. The WCAB determined that a prior interlocutory discovery order did not preclude further development of the record.

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KHORSHID AGAHI vs. HOAG MEMORIAL HOSPITAL (2019) – Anaheim | CompFox