CompFox AI Summary
This case concerns a dispute over the selection of a Qualified Medical Evaluator (QME) to determine industrial injuries related to diabetes and cardiovascular issues. The defendant, Kroger Co., objected to the WCJ's order for a replacement QME panel in internal medicine, arguing they had selected endocrinology and would be prejudiced. The Appeals Board granted the defendant's Petition for Removal, finding the WCJ erred by ordering a QME panel after trial when the parties had waived their right to that procedure. The Board rescinded the WCJ's order and remanded the case with instructions for the WCJ to appoint a "regular physician" to develop the medical record.
Full Decision Text1 Pages
This case concerns a dispute over the selection of a Qualified Medical Evaluator (QME) to determine industrial injuries related to diabetes and cardiovascular issues. The defendant, Kroger Co., objected to the WCJ's order for a replacement QME panel in internal medicine, arguing they had selected endocrinology and would be prejudiced. The Appeals Board granted the defendant's Petition for Removal, finding the WCJ erred by ordering a QME panel after trial when the parties had waived their right to that procedure. The Board rescinded the WCJ's order and remanded the case with instructions for the WCJ to appoint a "regular physician" to develop the medical record.
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