Home/Case Law/MARY WEISSMAN vs. LONG BEACH UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted By TRISTAR RISK MANAGEMENT
Regular DecisionRemoval

MARY WEISSMAN vs. LONG BEACH UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted By TRISTAR RISK MANAGEMENT

Filed: Feb 07, 2011
ADJ3851886 (LBO 0381289)

CompFox AI Summary

The Appeals Board granted removal and dismissed the employer's petition for reconsideration. They found the employer was prejudiced by the late admission of the applicant's QME report, violating due process. The Board affirmed the WCJ's order for further medical development by the AME, instructing him to base his opinion on the applicant's deposition testimony. Finally, the May 14, 2010 QME report was struck from the record.

Full Decision Text1 Pages

The Appeals Board granted removal and dismissed the employer's petition for reconsideration. They found the employer was prejudiced by the late admission of the applicant's QME report, violating due process. The Board affirmed the WCJ's order for further medical development by the AME, instructing him to base his opinion on the applicant's deposition testimony. Finally, the May 14, 2010 QME report was struck from the record.

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MARY WEISSMAN vs. LONG BEACH UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted By TRISTAR RISK MANAGEMENT (2011) – | CompFox