Home/Case Law/OSCAR MELENDEZ vs. B&D UPHOLSTERY, PROCENTURY INSURANCE COMPANY, MIDWEST INSURANCE COMPANY
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OSCAR MELENDEZ vs. B&D UPHOLSTERY, PROCENTURY INSURANCE COMPANY, MIDWEST INSURANCE COMPANY

Filed: May 14, 2015
Oakland
ADJ9539560

CompFox AI Summary

In this workers' compensation case, the defendant sought to invalidate the applicant's requested QME panel. The defendant argued that the applicant's request was invalid because it was not served on their attorney. The Appeals Board denied the petition for removal, finding that while service on the attorney was required, the defendant's own QME request contained material defects, including misidentifying the treating physician's specialty and the reason for the request. Therefore, the WCJ's finding of the applicant's panel's validity did not cause irreparable harm.

Full Decision Text1 Pages

In this workers' compensation case, the defendant sought to invalidate the applicant's requested QME panel. The defendant argued that the applicant's request was invalid because it was not served on their attorney. The Appeals Board denied the petition for removal, finding that while service on the attorney was required, the defendant's own QME request contained material defects, including misidentifying the treating physician's specialty and the reason for the request. Therefore, the WCJ's finding of the applicant's panel's validity did not cause irreparable harm.

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OSCAR MELENDEZ vs. B&D UPHOLSTERY, PROCENTURY INSURANCE COMPANY, MIDWEST INSURANCE COMPANY (2015) – Oakland | CompFox