NAGWA TANIOUS vs. BASKIN ROBBINS, PREFERRED EMPLOYERS INSURANCE COMPANY

The applicant sustained an industrial injury and received a stipulated award, later seeking to reopen for new and further disability. The defendant's Declaration of Readiness to Proceed was not objected to by the applicant, and discovery was scheduled to close at the Mandatory Settlement Conference. The Workers' Compensation Appeals Board granted the defendant's petition for removal, finding the applicant's asserted "excusable neglect" for failing to schedule an Agreed Medical Evaluator's deposition was not due diligence. Consequently, discovery is now closed, and the matter is returned to the trial level for further proceedings.