CompFox AI Summary
The Appeals Board granted removal and amended a WCJ's discovery order, allowing further investigation into causation for applicant's shoulder injury. The WCJ's initial order to depose Dr. Murphy was problematic as he was not the agreed medical evaluator for this specific claim and there was a prior finding of no medical evidence for cumulative trauma. While the Board affirmed the need for additional discovery, it clarified that parties are not obligated to depose Dr. Murphy, and the defendant's defenses remain preserved. The defendant failed to demonstrate significant prejudice or irreparable harm from this amended order.
Full Decision Text1 Pages
The Appeals Board granted removal and amended a WCJ's discovery order, allowing further investigation into causation for applicant's shoulder injury. The WCJ's initial order to depose Dr. Murphy was problematic as he was not the agreed medical evaluator for this specific claim and there was a prior finding of no medical evidence for cumulative trauma. While the Board affirmed the need for additional discovery, it clarified that parties are not obligated to depose Dr. Murphy, and the defendant's defenses remain preserved. The defendant failed to demonstrate significant prejudice or irreparable harm from this amended order.
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