Home/Case Law/ROBERT FRANKLIN vs. THE KROGER COMPANY DBA FOOD-4LESS (PSI) and THE KROGER COMPANY DBA FOOD-4-LESS (PSI) ADMINISTERED AND ADJUSTED BY SEDGWICK
Regular DecisionRemoval

ROBERT FRANKLIN vs. THE KROGER COMPANY DBA FOOD-4LESS (PSI) and THE KROGER COMPANY DBA FOOD-4-LESS (PSI) ADMINISTERED AND ADJUSTED BY SEDGWICK

Filed: Dec 13, 2019
Fresno
ADJ8709903, ADJ8659329, ADJ8710289, ADJ9678146, ADJ10093678

CompFox AI Summary

The Workers' Compensation Appeals Board denied Kroger's Petition for Removal of a WCJ's Minute Order setting a PQME deposition. Kroger argued the order improperly limited questioning to the cervical spine, violating due process. The Board held that the WCJ's notes on the deposition's purpose do not have the force of a formal order and do not restrict the defendant's ability to cross-examine. Therefore, removal was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Kroger's Petition for Removal of a WCJ's Minute Order setting a PQME deposition. Kroger argued the order improperly limited questioning to the cervical spine, violating due process. The Board held that the WCJ's notes on the deposition's purpose do not have the force of a formal order and do not restrict the defendant's ability to cross-examine. Therefore, removal was denied.

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