CompFox AI Summary
Defendant Coca Cola Enterprises petitioned for removal of a WCJ's order requiring an adjuster to appear in person at trial with settlement authority. Defendant argued the adjuster was in Ontario, travel was costly, settlement authority was present at the MSC, and the order denied due process. The Appeals Board granted removal, finding the order would not facilitate settlement and the expense was unjustified given the parties' positions. The Board amended the order to allow the adjuster to appear by telephone with settlement authority.
Full Decision Text1 Pages
Defendant Coca Cola Enterprises petitioned for removal of a WCJ's order requiring an adjuster to appear in person at trial with settlement authority. Defendant argued the adjuster was in Ontario, travel was costly, settlement authority was present at the MSC, and the order denied due process. The Appeals Board granted removal, finding the order would not facilitate settlement and the expense was unjustified given the parties' positions. The Board amended the order to allow the adjuster to appear by telephone with settlement authority.
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