CompFox AI Summary
In this workers' compensation case, the defendant petitioned for removal to rescind a continuance to trial, alleging discovery impediments and applicant's procedural defects. The applicant sustained a low back and psyche injury in 2004, with a treating physician recommending home health care. The defendant denied authorization after utilization review and now argues the applicant failed to follow proper dispute resolution procedures. The Appeals Board denied the removal petition, finding the defendant would not suffer substantial prejudice by proceeding to trial on the deferred issues.
Full Decision Text1 Pages
In this workers' compensation case, the defendant petitioned for removal to rescind a continuance to trial, alleging discovery impediments and applicant's procedural defects. The applicant sustained a low back and psyche injury in 2004, with a treating physician recommending home health care. The defendant denied authorization after utilization review and now argues the applicant failed to follow proper dispute resolution procedures. The Appeals Board denied the removal petition, finding the defendant would not suffer substantial prejudice by proceeding to trial on the deferred issues.
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