ROBERT PORTER vs. LOWE'S HOME IMPROVEMENT WAREHOUSE, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board granted the defendant's Petition for Removal, overturning a prior order that dismissed the case from the trial calendar. The defendant seeks to litigate the statute of limitations as a threshold issue, arguing it was improperly denied. The Board found that statute of limitations is a threshold issue that can be bifurcated and that the prior denial of a dismissal petition was procedural, not on the merits. The case is returned to the trial level for proceedings on the statute of limitations.