Case Law Database

STEPHEN MERRILL vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

This case involves applicant Stephen Merrill seeking removal of a WCJ's order that found a panel QME's reports unsubstantial. The WCJ deferred the injury AOE/COE issue and ordered further record development. The Appeals Board denied removal, deeming it an extraordinary remedy not warranted here as no irreparable harm was shown and reconsideration remains an adequate remedy. The Board affirmed the WCJ's discretion to develop the record when medical evidence is deficient.