CompFox AI Summary
The Appeals Board granted the applicant's Petition for Removal, rescinded the WCJ's April 16, 2019 Finding and Order, and returned the matter for further proceedings. Removal was granted because the applicant demonstrated potential irreparable harm and lack of due process. The WCJ's order for a replacement QME panel lacked supporting admitted evidence, violating the principle that decisions must be based on the evidentiary record. Therefore, the Appeals Board found the absence of admitted evidence regarding discovery issues and the need for a replacement panel prevented a fair and supported decision.
Full Decision Text1 Pages
The Appeals Board granted the applicant's Petition for Removal, rescinded the WCJ's April 16, 2019 Finding and Order, and returned the matter for further proceedings. Removal was granted because the applicant demonstrated potential irreparable harm and lack of due process. The WCJ's order for a replacement QME panel lacked supporting admitted evidence, violating the principle that decisions must be based on the evidentiary record. Therefore, the Appeals Board found the absence of admitted evidence regarding discovery issues and the need for a replacement panel prevented a fair and supported decision.
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