What the panel ordered
Petition for removal granted; Qualified Medical Examination Order rescinded; matter returned to trial level for further proceedings
Petition for removal of Qualified Medical Examination Order issued by WCJ on July 10, 2020
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ issued the QME Order without an evidentiary record, which is required for substantial evidence review; the Appeals Board cannot address the merits without a complete record and thus grants removal and remands for further proceedings.
From the decision · page 2Both parties submitted briefs per the Minute Order and attached exhibits to their briefs. The WCJ then issued the disputed Order as outlined above. To date, no evidence has been admitted into the record regarding the QME dispute.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ issued the QME Order without creation of an evidentiary record.