CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for removal because a trial order setting a lien trial without allowing necessary discovery prejudiced the defendant and violated its due process rights. The defendant argued it had not had an adequate opportunity to investigate outstanding liens, some of which appeared to be new or misidentified. The Board rescinded the trial order, canceled the trial, and took the matter off calendar pending completion of discovery, finding this necessary to ensure fairness and facilitate potential settlement.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for removal because a trial order setting a lien trial without allowing necessary discovery prejudiced the defendant and violated its due process rights. The defendant argued it had not had an adequate opportunity to investigate outstanding liens, some of which appeared to be new or misidentified. The Board rescinded the trial order, canceled the trial, and took the matter off calendar pending completion of discovery, finding this necessary to ensure fairness and facilitate potential settlement.
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