CompFox AI Summary
The Appeals Board granted the applicant's petition for removal, finding that the WCJ erred in denying the request to depose the primary treating physician (PTP). The applicant argued that the PTP's recent change in impairment rating and opinion on future treatment necessitated this deposition. The Board concluded that denying the deposition would cause irreparable harm and that the applicant acted prudently by deposing the panel QME first. Consequently, the WCJ's order closing discovery was rescinded, the trial was taken off calendar, and the matter was returned for further proceedings.
Full Decision Text1 Pages
The Appeals Board granted the applicant's petition for removal, finding that the WCJ erred in denying the request to depose the primary treating physician (PTP). The applicant argued that the PTP's recent change in impairment rating and opinion on future treatment necessitated this deposition. The Board concluded that denying the deposition would cause irreparable harm and that the applicant acted prudently by deposing the panel QME first. Consequently, the WCJ's order closing discovery was rescinded, the trial was taken off calendar, and the matter was returned for further proceedings.
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