CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for removal, overturning an administrative law judge's order setting cases for trial. The defendant argued the trial was premature due to an incomplete Agreed Medical Evaluator (AME) report and ongoing discovery. The Board found substantial prejudice if removal was not granted, noting the defendant's new attorneys were not properly served with the Declaration of Readiness to Proceed. Consequently, the June 2, 2011 trial date was converted to a conference hearing to allow for completion of medical evaluations and discovery.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for removal, overturning an administrative law judge's order setting cases for trial. The defendant argued the trial was premature due to an incomplete Agreed Medical Evaluator (AME) report and ongoing discovery. The Board found substantial prejudice if removal was not granted, noting the defendant's new attorneys were not properly served with the Declaration of Readiness to Proceed. Consequently, the June 2, 2011 trial date was converted to a conference hearing to allow for completion of medical evaluations and discovery.
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