CompFox AI Summary
The WCAB dismissed the applicant's petition for reconsideration of an order denying new evidence, as it was an interlocutory evidentiary decision. However, the Board granted removal, finding the WCJ's exclusion of evidence was improper and prejudiced the applicant. The Board rescinded the order and returned the matter for further proceedings, holding that the newly discovered evidence was not available before the discovery close due to defendant's wrongful withholding, and potentially due to an agreed-upon extension of the discovery deadline.
Full Decision Text1 Pages
The WCAB dismissed the applicant's petition for reconsideration of an order denying new evidence, as it was an interlocutory evidentiary decision. However, the Board granted removal, finding the WCJ's exclusion of evidence was improper and prejudiced the applicant. The Board rescinded the order and returned the matter for further proceedings, holding that the newly discovered evidence was not available before the discovery close due to defendant's wrongful withholding, and potentially due to an agreed-upon extension of the discovery deadline.
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