CompFox AI Summary
Applicant sought removal to rescind an order taking the case off-calendar for further discovery after a mandatory settlement conference. The Appeals Board denied removal, agreeing with the WCJ that further record development was warranted due to an Agreed Medical Evaluator's report lacking clarity regarding permanent disability ratings under different guidelines. The majority found no prejudice to the applicant in allowing this development. Commissioner Caplane dissented, arguing that discovery should not be reopened post-settlement conference without a proper showing of deficiency, especially before trial.
Full Decision Text1 Pages
Applicant sought removal to rescind an order taking the case off-calendar for further discovery after a mandatory settlement conference. The Appeals Board denied removal, agreeing with the WCJ that further record development was warranted due to an Agreed Medical Evaluator's report lacking clarity regarding permanent disability ratings under different guidelines. The majority found no prejudice to the applicant in allowing this development. Commissioner Caplane dissented, arguing that discovery should not be reopened post-settlement conference without a proper showing of deficiency, especially before trial.
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