CompFox AI Summary
The Workers' Compensation Appeals Board denied Defendants' Petition for Removal and dismissed their Petition for Reconsideration. The Board found the WCJ's order closing discovery and continuing the matter was a procedural order, not a final one subject to reconsideration. Defendants failed to demonstrate significant prejudice or irreparable harm required for removal, particularly given their 11-month delay in seeking further discovery. The Board concluded that Defendants had adequate due process and that issues regarding medical reports could be raised at trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Defendants' Petition for Removal and dismissed their Petition for Reconsideration. The Board found the WCJ's order closing discovery and continuing the matter was a procedural order, not a final one subject to reconsideration. Defendants failed to demonstrate significant prejudice or irreparable harm required for removal, particularly given their 11-month delay in seeking further discovery. The Board concluded that Defendants had adequate due process and that issues regarding medical reports could be raised at trial.
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