CompFox AI Summary
The Appeals Board denied the applicant's Petition for Removal, which sought to overturn a WCJ's decision to deny enforcement of subpoenas duces tecum prior to the applicant's deposition. The applicant claimed denial of due process, arguing he was entitled to documents before his deposition on May 16, 2012. However, the WCJ had scheduled a hearing on the discovery issue for June 20, 2012, and the applicant's attorney failed to appear at that hearing. The Board found no clear grievance with the prior ex parte denial given the subsequent non-appearance, and therefore denied the petition.
Full Decision Text1 Pages
The Appeals Board denied the applicant's Petition for Removal, which sought to overturn a WCJ's decision to deny enforcement of subpoenas duces tecum prior to the applicant's deposition. The applicant claimed denial of due process, arguing he was entitled to documents before his deposition on May 16, 2012. However, the WCJ had scheduled a hearing on the discovery issue for June 20, 2012, and the applicant's attorney failed to appear at that hearing. The Board found no clear grievance with the prior ex parte denial given the subsequent non-appearance, and therefore denied the petition.
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