CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to take the cases off calendar. The WCJ had allowed record development on applicant's amended claims, but discovery had previously closed at the mandatory settlement conference. The Board found no good cause to reopen discovery for new injury claims filed just days before trial, over nine years after the initial injury. The matters are returned to the trial level for setting, with the WCJ to determine if reopened record development is permissible.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to take the cases off calendar. The WCJ had allowed record development on applicant's amended claims, but discovery had previously closed at the mandatory settlement conference. The Board found no good cause to reopen discovery for new injury claims filed just days before trial, over nine years after the initial injury. The matters are returned to the trial level for setting, with the WCJ to determine if reopened record development is permissible.
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