CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The defendant sought to challenge an interlocutory decision by the workers' compensation judge (WCJ) regarding the applicant's communication with a qualified medical evaluator (QME) and the denial of a replacement QME panel. The WCAB found this issue was not a final order, making reconsideration an inappropriate procedural avenue. Removal is an extraordinary remedy requiring a showing of significant prejudice or irreparable harm, which the defendant failed to establish. Therefore, the petition was denied as improperly seeking reconsideration.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The defendant sought to challenge an interlocutory decision by the workers' compensation judge (WCJ) regarding the applicant's communication with a qualified medical evaluator (QME) and the denial of a replacement QME panel. The WCAB found this issue was not a final order, making reconsideration an inappropriate procedural avenue. Removal is an extraordinary remedy requiring a showing of significant prejudice or irreparable harm, which the defendant failed to establish. Therefore, the petition was denied as improperly seeking reconsideration.
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