CompFox AI Summary
This case involves a defendant's Petition for Removal of an administrative law judge's (WCJ) order to take a workers' compensation case off calendar. The WCJ granted the request because a QME panel in psychiatry was pending, which the applicant argued was necessary for discovery. The defendant contended the WCJ should have bifurcated and heard the issue of whether the injury arose out of and in the course of employment (AOE/COE). The Appeals Board dismissed the Petition for Removal primarily because it was unverified, a defect the defendant failed to cure after being notified. Even if considered on its merits, the Board would have denied the petition, agreeing with the WCJ that bifurcation was not warranted and no irreparable harm or prejudice to the defendant had been demonstrated.
Full Decision Text1 Pages
This case involves a defendant's Petition for Removal of an administrative law judge's (WCJ) order to take a workers' compensation case off calendar. The WCJ granted the request because a QME panel in psychiatry was pending, which the applicant argued was necessary for discovery. The defendant contended the WCJ should have bifurcated and heard the issue of whether the injury arose out of and in the course of employment (AOE/COE). The Appeals Board dismissed the Petition for Removal primarily because it was unverified, a defect the defendant failed to cure after being notified. Even if considered on its merits, the Board would have denied the petition, agreeing with the WCJ that bifurcation was not warranted and no irreparable harm or prejudice to the defendant had been demonstrated.
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