Home/Case Law/SOTERO DELGADO vs. DAVID FUSO d/b/a FUSO FARMS, PREFERRED EMPLOYER INSURANCE COMPANY
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SOTERO DELGADO vs. DAVID FUSO d/b/a FUSO FARMS, PREFERRED EMPLOYER INSURANCE COMPANY

Filed: Oct 11, 2018
Stockton
ADJ11063211, ADJ11093516

CompFox AI Summary

The Workers' Compensation Appeals Board granted defendant's Petition for Removal, rescinding a previous Minute Order. This order had restricted the restart of the Panel Qualified Medical Evaluator (PQME) process to only the applicant's specific injury claim, excluding the cumulative trauma claim. Defendant argued this would cause significant prejudice and irreparable harm, citing a precedent that requires evaluators to address all medical issues from reported injuries. The Board agreed that the issue was not properly adjudicated and returned the case for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted defendant's Petition for Removal, rescinding a previous Minute Order. This order had restricted the restart of the Panel Qualified Medical Evaluator (PQME) process to only the applicant's specific injury claim, excluding the cumulative trauma claim. Defendant argued this would cause significant prejudice and irreparable harm, citing a precedent that requires evaluators to address all medical issues from reported injuries. The Board agreed that the issue was not properly adjudicated and returned the case for further proceedings.

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SOTERO DELGADO vs. DAVID FUSO d/b/a FUSO FARMS, PREFERRED EMPLOYER INSURANCE COMPANY (2018) – Stockton | CompFox