Case Law Database

DONALD WRIGHT vs. FEDERAL EXPRESS CORPORATION

The WCAB denied Defendant Federal Express Corporation's Petition for Reconsideration, upholding the WCJ's finding that applicant Donald Wright is entitled to a separate Agreed Medical Evaluator or Qualified Medical Examiner for his cumulative trauma (CT) claim. Defendant argued applicant waived this right by not filing a claim form for the CT claim, citing *Navarro v. City of Montebello*. However, the Board found that while the initial finding of injury AOE/COE was a threshold issue, the entitlement to a separate QME for the CT claim was interlocutory. As Defendant failed to demonstrate significant prejudice or irreparable harm, removal was denied.