CompFox AI Summary
Defendants petitioned for removal, arguing the WCJ improperly took the case off calendar after the applicant filed a new application for the same injury, which they claim was a tactic to reopen discovery past the mandatory settlement conference closure. The Appeals Board granted removal, rescinded the WCJ's order, and returned the matter to the trial level. The Board will determine if the new application is duplicative and, if so, it should be dismissed, with potential sanctions considered. This ensures discovery closure rules are not circumvented.
Full Decision Text1 Pages
Defendants petitioned for removal, arguing the WCJ improperly took the case off calendar after the applicant filed a new application for the same injury, which they claim was a tactic to reopen discovery past the mandatory settlement conference closure. The Appeals Board granted removal, rescinded the WCJ's order, and returned the matter to the trial level. The Board will determine if the new application is duplicative and, if so, it should be dismissed, with potential sanctions considered. This ensures discovery closure rules are not circumvented.
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