CompFox AI Summary
The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's order for the claims adjuster to appear and explain his unavailability. The Board found the WCJ exceeded his authority by prejudging the case and ordering the appearance punitively. The matter is returned to the trial level, and the Petition for Disqualification was dismissed as moot. The case is to be heard by a different WCJ to avoid the appearance of bias.
Full Decision Text1 Pages
The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's order for the claims adjuster to appear and explain his unavailability. The Board found the WCJ exceeded his authority by prejudging the case and ordering the appearance punitively. The matter is returned to the trial level, and the Petition for Disqualification was dismissed as moot. The case is to be heard by a different WCJ to avoid the appearance of bias.
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