CompFox AI Summary
The Appeals Board affirmed the WCJ's decision to exclude defendant's expert biomechanical reports, finding discovery closed prior to their submission and defendant failed to demonstrate due diligence. The Board also denied defendant's request to disqualify the WCJ, as no specific facts establishing bias were presented. Removal was deemed an inappropriate remedy due to the lack of shown substantial prejudice or irreparable harm. Therefore, the WCJ's evidentiary ruling and refusal to disqualify were upheld.
Full Decision Text1 Pages
The Appeals Board affirmed the WCJ's decision to exclude defendant's expert biomechanical reports, finding discovery closed prior to their submission and defendant failed to demonstrate due diligence. The Board also denied defendant's request to disqualify the WCJ, as no specific facts establishing bias were presented. Removal was deemed an inappropriate remedy due to the lack of shown substantial prejudice or irreparable harm. Therefore, the WCJ's evidentiary ruling and refusal to disqualify were upheld.
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