CompFox AI Summary
In this workers' compensation case, the employer, Nordstrom, Inc., petitioned for removal after the WCJ took the case off calendar to develop medical evidence. Nordstrom argued the WCJ should have allowed bifurcation of issues, specifically addressing the post-termination defense to the applicant's injury claim. The Appeals Board granted the petition, finding good cause to bifurcate the issues of whether the claim is barred by Labor Code sections 3208.3(e) and 3600(a)(10). The Board also permitted both parties to withdraw from prior stipulations regarding notice and the "good faith personnel action" defense, returning the matter to the trial level.
Full Decision Text1 Pages
In this workers' compensation case, the employer, Nordstrom, Inc., petitioned for removal after the WCJ took the case off calendar to develop medical evidence. Nordstrom argued the WCJ should have allowed bifurcation of issues, specifically addressing the post-termination defense to the applicant's injury claim. The Appeals Board granted the petition, finding good cause to bifurcate the issues of whether the claim is barred by Labor Code sections 3208.3(e) and 3600(a)(10). The Board also permitted both parties to withdraw from prior stipulations regarding notice and the "good faith personnel action" defense, returning the matter to the trial level.
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