CompFox AI Summary
This case concerns a dispute over entitlement to a new Qualified Medical Evaluator (QME) panel. The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration, rescinding the prior Findings of Fact. The central issue is whether the applicant is entitled to a new QME panel, as the WCAB found the prior WCJ's decision on this interlocutory matter was inadequately supported by evidence. Specifically, the record lacked definitive proof of when the claim forms were filed with the employer, which is critical to determining the applicability of relevant case law like Navarro. The matter is returned to the trial level for further development of this evidence.
Full Decision Text1 Pages
This case concerns a dispute over entitlement to a new Qualified Medical Evaluator (QME) panel. The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration, rescinding the prior Findings of Fact. The central issue is whether the applicant is entitled to a new QME panel, as the WCAB found the prior WCJ's decision on this interlocutory matter was inadequately supported by evidence. Specifically, the record lacked definitive proof of when the claim forms were filed with the employer, which is critical to determining the applicability of relevant case law like Navarro. The matter is returned to the trial level for further development of this evidence.
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