Case Law Database

LALITA CHAND vs. BANK OF AMERICA, GALLAGHER BASSETT SERVICES, INC.

This case involves a petition for reconsideration of an order regarding a Qualified Medical Evaluator (QME). The Appeals Board dismissed the petition for reconsideration because the underlying order was interlocutory and not a final determination of substantive rights. The Board also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. The primary dispute concerned whether Applicant's attorney's communications with the QME warranted a replacement QME, which the Judge found did not occur due to the communication not being an "initial" evaluation and the defendant's procedural failures. The Board returned the issue of sanctions to the Workers' Compensation Judge for further proceedings.