Home/Case Law/RUBEN NUNEZ vs. TIRE EMPIRE & AUTO CENTER, INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionWorkers' Compensation

RUBEN NUNEZ vs. TIRE EMPIRE & AUTO CENTER, INC., STATE COMPENSATION INSURANCE FUND

Filed: Mar 13, 2017
Bakersfield
ADJ9266821, ADJ9266804, ADJ10056539

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal, dismissing their Petition for Reconsideration. The WCAB rescinded the prior order which allowed the applicant to withdraw from an agreed medical evaluator (AME) agreement and proceed to a Qualified Medical Evaluator (QME). The Board found that the applicant failed to prove bias by the AME, thus upholding the AME's reports as admissible and denying the request for a QME. Consequently, the defendant is permitted to submit sub-rosa films to the AME for review.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal, dismissing their Petition for Reconsideration. The WCAB rescinded the prior order which allowed the applicant to withdraw from an agreed medical evaluator (AME) agreement and proceed to a Qualified Medical Evaluator (QME). The Board found that the applicant failed to prove bias by the AME, thus upholding the AME's reports as admissible and denying the request for a QME. Consequently, the defendant is permitted to submit sub-rosa films to the AME for review.

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