Home/Case Law/REBECCA SMITH vs. MERVYN'S, TRAVELERS INSURANCE COMPANY
Regular DecisionReconsideration

REBECCA SMITH vs. MERVYN'S, TRAVELERS INSURANCE COMPANY

Filed: Aug 12, 2010
ADJ4546404

CompFox AI Summary

This case involves a defendant seeking to compel an applicant to attend a Qualified Medical Evaluator (QME) appointment. The Workers' Compensation Appeals Board (WCAB) granted reconsideration because the trial judge improperly denied the petition, failing to address its merits and appearing to find an inconsistency with a related filing. The WCAB found the trial record inadequate due to multiple open case files and scheduling issues. Consequently, the WCAB rescinded the prior order and returned the matter for a status conference to clarify file duplication, the evaluator's status, and resolve outstanding issues, urging consideration of an Agreed Medical Evaluator (AME).

Full Decision Text1 Pages

This case involves a defendant seeking to compel an applicant to attend a Qualified Medical Evaluator (QME) appointment. The Workers' Compensation Appeals Board (WCAB) granted reconsideration because the trial judge improperly denied the petition, failing to address its merits and appearing to find an inconsistency with a related filing. The WCAB found the trial record inadequate due to multiple open case files and scheduling issues. Consequently, the WCAB rescinded the prior order and returned the matter for a status conference to clarify file duplication, the evaluator's status, and resolve outstanding issues, urging consideration of an Agreed Medical Evaluator (AME).

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