CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, which sought to rescind an order continuing the case to trial. The defendant argued denial of due process due to being unable to obtain a qualified medical evaluation and incomplete discovery, including a claim that the applicant's current employer should be joined. The Board adopted the WCJ's report, finding the cumulative trauma allegations related back to the specific injury, thus not warranting a delay in adjudication. The Board also admonished applicant's attorney for improperly filing documents already in the adjudication file.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, which sought to rescind an order continuing the case to trial. The defendant argued denial of due process due to being unable to obtain a qualified medical evaluation and incomplete discovery, including a claim that the applicant's current employer should be joined. The Board adopted the WCJ's report, finding the cumulative trauma allegations related back to the specific injury, thus not warranting a delay in adjudication. The Board also admonished applicant's attorney for improperly filing documents already in the adjudication file.
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