Home/Case Law/MILTON HUNTER vs. RYERSON STEEL SERVICE, TRAVELERS
Regular DecisionReconsideration

MILTON HUNTER vs. RYERSON STEEL SERVICE, TRAVELERS

Filed: Jan 25, 2018
Marina Del Rey
ADJ8302614

CompFox AI Summary

The Appeals Board denied the defendant's petition for removal, treating it as a petition for reconsideration of an order to have the applicant evaluated by an Agreed Medical Evaluator (AME) for new and further disability. The Board found that the WCJ had the authority to develop the record by ordering the AME evaluation, especially given the apparent lack of medical evidence for the new claim. Furthermore, the timely filing of the applicant's petition to reopen preserved the Board's jurisdiction, and the defendant failed to demonstrate prejudice warranting removal. The defendant's objection to the AME evaluation cost was deemed standard employer liability.

Full Decision Text1 Pages

The Appeals Board denied the defendant's petition for removal, treating it as a petition for reconsideration of an order to have the applicant evaluated by an Agreed Medical Evaluator (AME) for new and further disability. The Board found that the WCJ had the authority to develop the record by ordering the AME evaluation, especially given the apparent lack of medical evidence for the new claim. Furthermore, the timely filing of the applicant's petition to reopen preserved the Board's jurisdiction, and the defendant failed to demonstrate prejudice warranting removal. The defendant's objection to the AME evaluation cost was deemed standard employer liability.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.