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Here's a summary of the case:
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the prior order was interlocutory, not final. The WCAB granted removal and rescinded the prior order, returning the case to the trial level. This decision was based on the defendant's argument of significant prejudice from re-evaluating the applicant's need for eyeglasses, which an Agreed Medical Examiner (AME) had previously deemed non-industrial due to age. A dissenting opinion argued for returning the applicant to the AME, citing ambiguity in the prior AME report and the need for further development of the record regarding current needs.
Full Decision Text1 Pages
Here's a summary of the case:
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the prior order was interlocutory, not final. The WCAB granted removal and rescinded the prior order, returning the case to the trial level. This decision was based on the defendant's argument of significant prejudice from re-evaluating the applicant's need for eyeglasses, which an Agreed Medical Examiner (AME) had previously deemed non-industrial due to age. A dissenting opinion argued for returning the applicant to the AME, citing ambiguity in the prior AME report and the need for further development of the record regarding current needs.
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