CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to overturn an order that vacated submission, arguing it violated due process and wrongly linked the applicant's 132a discrimination claim to diminished future earning capacity. The WCAB found the vacated order was not final and that the 132a claim was indeed relevant and inextricably related to the earning capacity issue. Therefore, the WCAB affirmed the WCJ's decision to further develop the record, finding no substantial prejudice to the defendant.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to overturn an order that vacated submission, arguing it violated due process and wrongly linked the applicant's 132a discrimination claim to diminished future earning capacity. The WCAB found the vacated order was not final and that the 132a claim was indeed relevant and inextricably related to the earning capacity issue. Therefore, the WCAB affirmed the WCJ's decision to further develop the record, finding no substantial prejudice to the defendant.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.