CompFox AI Summary
The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to take the case off calendar. The Board found the WCJ prematurely ordered further medical record development before trial or submission for decision. Therefore, the case is returned to the trial level for proceedings consistent with McDuffie, with the WCJ retaining discretion to supplement the record after trial if necessary. The petition for disqualification of the WCJ was denied.
Full Decision Text1 Pages
The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to take the case off calendar. The Board found the WCJ prematurely ordered further medical record development before trial or submission for decision. Therefore, the case is returned to the trial level for proceedings consistent with McDuffie, with the WCJ retaining discretion to supplement the record after trial if necessary. The petition for disqualification of the WCJ was denied.
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