CompFox AI Summary
The defendant, Regional Transit, petitioned for removal after the WCJ rescinded an order compelling a medical examination, alleging an ex parte discussion with the applicant's attorney violated procedural rules. While the Board agreed the ex parte communication and procedural missteps occurred, they denied removal because the underlying medical examination date had passed, and the issue would be heard on the merits at a conference. The Board found no substantial prejudice to the defendant. However, the applicant's prior attorney's conduct was deemed unprofessional and subject to potential future sanctions.
Full Decision Text1 Pages
The defendant, Regional Transit, petitioned for removal after the WCJ rescinded an order compelling a medical examination, alleging an ex parte discussion with the applicant's attorney violated procedural rules. While the Board agreed the ex parte communication and procedural missteps occurred, they denied removal because the underlying medical examination date had passed, and the issue would be heard on the merits at a conference. The Board found no substantial prejudice to the defendant. However, the applicant's prior attorney's conduct was deemed unprofessional and subject to potential future sanctions.
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