Pfenninger's privileges were then reinstated, subject to monitoring. Plaintiffs filed this suit, alleging several claims arising from the Executive Committee's decision, including the defamation claim at issue here. Plaintiffs' fourth claim alleged that during an administrative hearing regarding suspension of hospital privileges, defendant corporations and physicians made defamatory statements regarding physician's conduct toward patients, Exempla employees, and other persons at Exempla. These statements would then be reported to insurance companies, the National Practitioner Data Bank, and the medical board. The trial court dismissed the claim for lack of subject matter jurisdiction, for failure to exhaust administrative remedies prior to requesting judicial review.
Plaintiffs appeal the district court's dismissal.
The trial court improperly dismissed physician's defamation claim, so the judgment is reversed and the case is remanded. Wal-Mart Stores, Inc. v. Industrial Claim Appeals Office. Statutory Time Limits . The ALJ issued a summary order reopening claimant's claim and awarding him permanent total disability. Petitioner mailed a request for specific findings of fact and conclusions of law fourteen days later, but the Division did not receive the request for another two weeks.