Home/Case Law/KYWAN CANN vs. DESERT VIEW AUTO AUCTION, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
Regular DecisionRemoval

KYWAN CANN vs. DESERT VIEW AUTO AUCTION, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

Filed: May 08, 2017
Sacramento
ADJ8592547, ADJ8592681

CompFox AI Summary

The Appeals Board granted the defendant's petition for removal, rescinding a previous order that mandated a stenographically recorded vocational evaluation. The Board found that the WCJ erred by applying the Code of Civil Procedure to a workers' compensation vocational examination, for which no specific recording rules exist. Crucially, the Board noted that the order was made without a sufficient record or evidence regarding potential disruption. Therefore, the case was returned to the trial level for further proceedings to establish whether a court reporter's presence would interfere with the examination.

Full Decision Text1 Pages

The Appeals Board granted the defendant's petition for removal, rescinding a previous order that mandated a stenographically recorded vocational evaluation. The Board found that the WCJ erred by applying the Code of Civil Procedure to a workers' compensation vocational examination, for which no specific recording rules exist. Crucially, the Board noted that the order was made without a sufficient record or evidence regarding potential disruption. Therefore, the case was returned to the trial level for further proceedings to establish whether a court reporter's presence would interfere with the examination.

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