Correa Medina, Salvador

Defendant BMG Roofing, insured by California Insurance Company (adjusted by Applied Risk Services), petitioned for removal of a July 27, 2023 order issued at an MSC taking the matter off calendar to allow a vocational rehabilitation report to be reviewed by the AME/PQMEs. Defendant argued it would suffer irreparable harm from the delay and expense of submitting vocational reporting to the evaluating physicians and contended that opinions on competing in the open labor market exceed the doctor's expertise. The Appeals Board denied removal, finding no substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy if a final adverse decision ultimately issued. The Board reasoned that employers are generally responsible for medical-legal costs and that vocational evidence is appropriately considered by evaluating physicians in assessing permanent disability. The petition for removal was denied.