Aram Kouloumian v. Barney's New York, American Home Assurance Co.
Medical-Legal Procedure—Panel Qualified Medical Evaluators—WCAB granted defendant's petition for removal and rescinded WCJ's order setting case for trial over defendant's objection based upon his finding that medical-legal evaluation sought by defendant with regard to applicant/tailor who suffered cumulative injuries to neck, spine, arms and hands during period 9/19/96 through 7/26/2008 was barred by 8 Cal. Code Reg. § 30(d)(1), when WCAB found that 8 Cal. Code Reg. § 30(d)(1), as amended effective 2/17/2009, did not bar defendant from scheduling another appointment with panel qualified medical evaluator (QME) after applicant failed to attend originally scheduled appointment on 3/24/2009, because 8 Cal. Code Reg. § 30(d)(1) did not apply to defendant's initial request for a panel QME made prior to operative date of rule, and applicant's inability to attend originally scheduled panel QME appointment did not affect status of defendant's original request for panel QME. © Copyright 2010 LexisNexis All Rights reserved.
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