CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding the administrative law judge's exclusion of a fax delivery confirmation. This evidence pertained to a utilization review decision that denied a lumbar MRI and was excluded for not being listed on the pretrial conference statement and being served late. The Board found the evidence was not properly admissible as rebuttal under Labor Code section 5704 as the timeliness of the UR decision was a central, expected issue.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding the administrative law judge's exclusion of a fax delivery confirmation. This evidence pertained to a utilization review decision that denied a lumbar MRI and was excluded for not being listed on the pretrial conference statement and being served late. The Board found the evidence was not properly admissible as rebuttal under Labor Code section 5704 as the timeliness of the UR decision was a central, expected issue.
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