CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding an order that had closed discovery at a mandatory settlement conference. The defendant argued the order was unclear and prejudiced its ability to investigate the applicant's social security disability and state disability benefits in light of recent case law. The Board found significant prejudice and irreparable harm if discovery was restricted, allowing the case to return to the trial level for further proceedings and a new decision on discovery. The trial judge will now have discretion to allow or further restrict discovery as necessary.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding an order that had closed discovery at a mandatory settlement conference. The defendant argued the order was unclear and prejudiced its ability to investigate the applicant's social security disability and state disability benefits in light of recent case law. The Board found significant prejudice and irreparable harm if discovery was restricted, allowing the case to return to the trial level for further proceedings and a new decision on discovery. The trial judge will now have discretion to allow or further restrict discovery as necessary.
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