CompFox AI Summary
This case concerns a defendant's petition for removal challenging prior orders that mandated the issuance of Qualified Medical Evaluator (QME) panels. The Appeals Board granted removal, finding that the defendant's remedy was to file a petition for removal challenging the initial orders, not to later seek to set them aside. While affirming the core of the orders, the Board struck a provision allowing parties to obtain their own QME reports if panels were not issued, deeming it statutorily unsupported. The matter was returned to the trial level for further proceedings, including the issuance of QME panels.
Full Decision Text1 Pages
This case concerns a defendant's petition for removal challenging prior orders that mandated the issuance of Qualified Medical Evaluator (QME) panels. The Appeals Board granted removal, finding that the defendant's remedy was to file a petition for removal challenging the initial orders, not to later seek to set them aside. While affirming the core of the orders, the Board struck a provision allowing parties to obtain their own QME reports if panels were not issued, deeming it statutorily unsupported. The matter was returned to the trial level for further proceedings, including the issuance of QME panels.
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