CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, finding no substantial prejudice or irreparable harm would result from the WCJ's order to take the case off calendar for a PQME evaluation. The Board determined that a PQME evaluation was necessary to properly develop the medical record regarding the applicant's psychological injury and the defendant's good faith personnel action defense. Proceeding to trial without this medical evidence could lead to a greater delay than the PQME process itself. Therefore, the petition for removal was denied.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, finding no substantial prejudice or irreparable harm would result from the WCJ's order to take the case off calendar for a PQME evaluation. The Board determined that a PQME evaluation was necessary to properly develop the medical record regarding the applicant's psychological injury and the defendant's good faith personnel action defense. Proceeding to trial without this medical evidence could lead to a greater delay than the PQME process itself. Therefore, the petition for removal was denied.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.