MEIJI MAX HORI vs. ADP TOTAL SOURCE, SPECIALTY RISK LA HABRA

The Appeals Board granted the defendant's petition for removal, rescinding the order to take the case off calendar due to an incomplete medical record. The Board found the Agreed Medical Examiner's (AME) reports inconclusive on whether employment was the predominant cause of the applicant's psychiatric injury, stating further refinement requires factual determination, not medical opinion. The applicant, bearing the burden of proof, failed to demonstrate due diligence in further discovery before the Mandatory Settlement Conference. The case is returned to the trial level for a new trial, where the judge can further develop the record if necessary after evidence is admitted.