CompFox AI Summary
The Workers' Compensation Appeals Board denied applicant Michael Garcia's petition for removal challenging a WCJ's order to set trial for defendant Southern California Edison to present witness Carol Wood. Garcia argued the witness was not disclosed prior to the initial trial and that Labor Code section 5502(d)(3) barred her testimony. The Board found no irreparable harm or substantial prejudice, noting the order complied with prior WCAB instructions to further develop the record on Garcia's discrimination claim and Edison's business necessity defense. This action allows Edison to present its defense, which the Board previously indicated needed to be fully explored.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied applicant Michael Garcia's petition for removal challenging a WCJ's order to set trial for defendant Southern California Edison to present witness Carol Wood. Garcia argued the witness was not disclosed prior to the initial trial and that Labor Code section 5502(d)(3) barred her testimony. The Board found no irreparable harm or substantial prejudice, noting the order complied with prior WCAB instructions to further develop the record on Garcia's discrimination claim and Edison's business necessity defense. This action allows Edison to present its defense, which the Board previously indicated needed to be fully explored.
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