Home/Case Law/SHAKEH DARZIAN vs. GMZ PHARMACY, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY
Regular DecisionRemoval

SHAKEH DARZIAN vs. GMZ PHARMACY, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

Filed: Aug 28, 2019
Van Nuys
ADJ8167175; ADJ8167184

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The Appeals Board granted the applicant's Petition for Removal, rescinded the WCJ's April 16, 2019 Finding and Order, and returned the matter for further proceedings.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The Appeals Board granted the applicant's Petition for Removal, rescinded the WCJ's April 16, 2019 Finding and Order, and returned the matter for further proceedings.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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