Home/Case Law/RUBEN GOMEZ vs. VIRGINIA SURETY CORP., administered by GALLAGHER BASSETT SERVICES, for TOP GRADE CONSTRUCTION
Regular DecisionRegular Panel Decision

RUBEN GOMEZ vs. VIRGINIA SURETY CORP., administered by GALLAGHER BASSETT SERVICES, for TOP GRADE CONSTRUCTION

Filed: Jul 24, 2012
San Francisco
ADJ215613 (STK 0205895)

CompFox AI Summary

The applicant sought reconsideration of an order allowing a panel qualified medical evaluator's (PQME) reports but deeming them insubstantial for disability assessment due to the evaluator's lapsed QME license. The WCAB dismissed the petition for reconsideration, finding the order was an interim procedural decision and not a final order. Treating the petition as a request for removal, the Board denied it, as the applicant failed to demonstrate substantial prejudice or irreparable harm. The Board concluded that reconsideration would be an adequate remedy if a final adverse decision ultimately issues.

Full Decision Text1 Pages

The applicant sought reconsideration of an order allowing a panel qualified medical evaluator's (PQME) reports but deeming them insubstantial for disability assessment due to the evaluator's lapsed QME license. The WCAB dismissed the petition for reconsideration, finding the order was an interim procedural decision and not a final order. Treating the petition as a request for removal, the Board denied it, as the applicant failed to demonstrate substantial prejudice or irreparable harm. The Board concluded that reconsideration would be an adequate remedy if a final adverse decision ultimately issues.

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