CompFox AI Summary
This case concerns the applicant's petition for reconsideration regarding the replacement of a Qualified Medical Evaluator (QME) in neurology. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as a petition for reconsideration and treated it as a petition for removal, which was subsequently denied. The majority found that the order for a new QME panel was not a final decision and that the applicant failed to show substantial prejudice or irreparable harm warranting removal. The dissenting opinion argues that there was insufficient evidence of a disqualifying conflict of interest for the neurologist and that the defendant waived any objection by their delay and "doctor shopping" tactics.
Full Decision Text1 Pages
This case concerns the applicant's petition for reconsideration regarding the replacement of a Qualified Medical Evaluator (QME) in neurology. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as a petition for reconsideration and treated it as a petition for removal, which was subsequently denied. The majority found that the order for a new QME panel was not a final decision and that the applicant failed to show substantial prejudice or irreparable harm warranting removal. The dissenting opinion argues that there was insufficient evidence of a disqualifying conflict of interest for the neurologist and that the defendant waived any objection by their delay and "doctor shopping" tactics.
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