CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration, ruling that the order closing discovery and setting a trial was not a final order and thus not subject to reconsideration. The Board also denied the defendant's petition for removal, finding no showing of substantial prejudice or irreparable harm that would justify this extraordinary remedy. The defendant argued that these actions prevented them from obtaining a vocational rehabilitation expert, but the Board concluded their objections were preserved for trial. Ultimately, the Board prioritized the applicant's right to an expeditious process over the defendant's delayed discovery concerns.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration, ruling that the order closing discovery and setting a trial was not a final order and thus not subject to reconsideration. The Board also denied the defendant's petition for removal, finding no showing of substantial prejudice or irreparable harm that would justify this extraordinary remedy. The defendant argued that these actions prevented them from obtaining a vocational rehabilitation expert, but the Board concluded their objections were preserved for trial. Ultimately, the Board prioritized the applicant's right to an expeditious process over the defendant's delayed discovery concerns.
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