CompFox AI Summary
The Workers' Compensation Appeals Board granted removal and dismissed reconsideration of a WCJ's order. The WCJ had improperly taken the case off calendar and allowed discovery to reopen for a new psychiatric injury claim, despite the applicant filing a Declaration of Readiness to Proceed indicating trial readiness. This prejudiced the defendant by allowing the applicant to develop evidence for an unclaimed injury after discovery closure. The Board ordered discovery closed as of the original Mandatory Settlement Conference date and returned the case to trial level for a new MSC to prepare for trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted removal and dismissed reconsideration of a WCJ's order. The WCJ had improperly taken the case off calendar and allowed discovery to reopen for a new psychiatric injury claim, despite the applicant filing a Declaration of Readiness to Proceed indicating trial readiness. This prejudiced the defendant by allowing the applicant to develop evidence for an unclaimed injury after discovery closure. The Board ordered discovery closed as of the original Mandatory Settlement Conference date and returned the case to trial level for a new MSC to prepare for trial.
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