CompFox AI Summary
The Workers' Compensation Appeals Board granted the employer's Petition for Removal, rescinding the prior order that took the applicant's discrimination claim off calendar. The Board found the WCJ's reasoning for shelving the claim to be unsubstantiated, as the discrimination allegations and evidence required may be distinct from the applicant's primary injury claims. Consequently, the matters are returned to the trial level for a mandatory settlement conference and further proceedings on the discrimination claim. The Board expressed no opinion on the merits of the discrimination petition itself.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the employer's Petition for Removal, rescinding the prior order that took the applicant's discrimination claim off calendar. The Board found the WCJ's reasoning for shelving the claim to be unsubstantiated, as the discrimination allegations and evidence required may be distinct from the applicant's primary injury claims. Consequently, the matters are returned to the trial level for a mandatory settlement conference and further proceedings on the discrimination claim. The Board expressed no opinion on the merits of the discrimination petition itself.
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