CompFox AI Summary
This case involves a Petition for Removal filed by the defendant, The Kroger Co. dba Ralphs, seeking to rescind an order continuing the applicant's case to trial. The defendant argued that inconsistencies in the agreed medical evaluator's reports required further discovery, such as interrogatories or a second deposition, before proceeding. The Appeals Board denied the petition, adopting the WCJ's reasoning that the adequacy of the medical record cannot be determined until the matter is submitted for trial. The Board emphasized that it is more expeditious to proceed to trial and allow the WCJ to assess the record's completeness then.
Full Decision Text1 Pages
This case involves a Petition for Removal filed by the defendant, The Kroger Co. dba Ralphs, seeking to rescind an order continuing the applicant's case to trial. The defendant argued that inconsistencies in the agreed medical evaluator's reports required further discovery, such as interrogatories or a second deposition, before proceeding. The Appeals Board denied the petition, adopting the WCJ's reasoning that the adequacy of the medical record cannot be determined until the matter is submitted for trial. The Board emphasized that it is more expeditious to proceed to trial and allow the WCJ to assess the record's completeness then.
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