CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Removal, rescinding the WCJ's order to proceed to trial on cumulative injury. The WCAB determined that a trial on whether the applicant sustained a cumulative injury was premature without a Qualified Medical Evaluator (QME) report. Holding a trial on this issue without medical evidence would constitute a waste of resources and could be viewed as a backdoor dismissal. The case was therefore taken off calendar, allowing the applicant an opportunity to obtain a PQME report.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Removal, rescinding the WCJ's order to proceed to trial on cumulative injury. The WCAB determined that a trial on whether the applicant sustained a cumulative injury was premature without a Qualified Medical Evaluator (QME) report. Holding a trial on this issue without medical evidence would constitute a waste of resources and could be viewed as a backdoor dismissal. The case was therefore taken off calendar, allowing the applicant an opportunity to obtain a PQME report.
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