CompFox AI Summary
This case involves a petition for removal challenging an administrative law judge's (WCJ) order to develop the record on psychiatric disability, chronic pain, and cervical spine injury. The defendant argued the record was sufficient for a decision and that the applicant failed to exercise due diligence in obtaining evidence for these conditions. The Appeals Board granted removal, finding no justification for further development of the record, particularly since the applicant asserted they were prepared for trial and had not sought to supplement it. The Board rescinded the WCJ's order and returned the case for decision based on the existing record.
Full Decision Text1 Pages
This case involves a petition for removal challenging an administrative law judge's (WCJ) order to develop the record on psychiatric disability, chronic pain, and cervical spine injury. The defendant argued the record was sufficient for a decision and that the applicant failed to exercise due diligence in obtaining evidence for these conditions. The Appeals Board granted removal, finding no justification for further development of the record, particularly since the applicant asserted they were prepared for trial and had not sought to supplement it. The Board rescinded the WCJ's order and returned the case for decision based on the existing record.
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