CompFox AI Summary
The Workers' Compensation Appeals Board denied the Fresno Unified School District's petition for removal, upholding the administrative law judge's order to take the applicant's new and further disability claim off calendar. The Board found that the defendant failed to demonstrate irreparable harm or prejudice, as the WCJ's discretion to develop a deficient medical record does not violate due process. Furthermore, the Board concluded that the doctrine of res judicata does not bar the applicant's claim for left shoulder injury, as this issue was not previously decided on its merits. The defendant's attempt to obtain a summary judgment on the claim's permissibility is also prohibited by the rules of procedure.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the Fresno Unified School District's petition for removal, upholding the administrative law judge's order to take the applicant's new and further disability claim off calendar. The Board found that the defendant failed to demonstrate irreparable harm or prejudice, as the WCJ's discretion to develop a deficient medical record does not violate due process. Furthermore, the Board concluded that the doctrine of res judicata does not bar the applicant's claim for left shoulder injury, as this issue was not previously decided on its merits. The defendant's attempt to obtain a summary judgment on the claim's permissibility is also prohibited by the rules of procedure.
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