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Regular DecisionWorkers' Compensation

MELISSA COOK vs. STUART A. BUSSEY, M.D., STATE COMPENSATION INSURANCE FUND

Filed: Mar 30, 2014
Oakland
ADJ8324488

CompFox AI Summary

This case concerns a defendant's Petition for Removal to the Appeals Board. The defendant argued it was denied due process when the WCJ granted the applicant's request for a new QME panel without providing an opportunity to be heard. The Appeals Board agreed, finding the WCJ's prior order granting a replacement QME without notice or hearing violated due process. Consequently, the Board granted removal, rescinded the WCJ's order, and returned the matter for further proceedings.

Full Decision Text1 Pages

This case concerns a defendant's Petition for Removal to the Appeals Board. The defendant argued it was denied due process when the WCJ granted the applicant's request for a new QME panel without providing an opportunity to be heard. The Appeals Board agreed, finding the WCJ's prior order granting a replacement QME without notice or hearing violated due process. Consequently, the Board granted removal, rescinded the WCJ's order, and returned the matter for further proceedings.

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MELISSA COOK vs. STUART A. BUSSEY, M.D., STATE COMPENSATION INSURANCE FUND (2014) – Oakland | CompFox