CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to reconsider the denial of their motion for further discovery. The Board found that the applicant's actions, including filing a Declaration of Readiness and agreeing to a settlement, led the defendant to discontinue discovery, believing a settlement was imminent. To prevent significant prejudice to the defendant and ensure a just resolution, the Board rescinded the discovery denial and returned the matter to the trial level for further proceedings. This allows the defendant to complete discovery if settlement is not reached.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to reconsider the denial of their motion for further discovery. The Board found that the applicant's actions, including filing a Declaration of Readiness and agreeing to a settlement, led the defendant to discontinue discovery, believing a settlement was imminent. To prevent significant prejudice to the defendant and ensure a just resolution, the Board rescinded the discovery denial and returned the matter to the trial level for further proceedings. This allows the defendant to complete discovery if settlement is not reached.
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