CompFox AI Summary
This case involves a defendant's successful Petition for Removal to rescind an order that took the matter off calendar for an Agreed Medical Evaluator (AME) review. The defendant argued that lien claimants, who bear the burden of proof for medical expenses, had not requested an AME review or deposition. The Appeals Board agreed that Labor Code section 4062.3(k) does not mandate AME review for lien disputes after the applicant's case has settled. Therefore, the case is returned to the trial level for a lien trial.
Full Decision Text1 Pages
This case involves a defendant's successful Petition for Removal to rescind an order that took the matter off calendar for an Agreed Medical Evaluator (AME) review. The defendant argued that lien claimants, who bear the burden of proof for medical expenses, had not requested an AME review or deposition. The Appeals Board agreed that Labor Code section 4062.3(k) does not mandate AME review for lien disputes after the applicant's case has settled. Therefore, the case is returned to the trial level for a lien trial.
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