CompFox AI Summary
The Appeals Board granted the defendant's Petition for Removal, reversing the WCJ's order to take the case off calendar. The WCJ had permitted the applicant to obtain further discovery after a consultative rating was lower than expected. The Board held that discovery should not be reopened at this stage, as no trial evidence had been presented or submitted for decision. The case was returned to the trial level to proceed with the existing evidence, with the WCJ authorized to develop the record only if substantial evidence is lacking after that.
Full Decision Text1 Pages
The Appeals Board granted the defendant's Petition for Removal, reversing the WCJ's order to take the case off calendar. The WCJ had permitted the applicant to obtain further discovery after a consultative rating was lower than expected. The Board held that discovery should not be reopened at this stage, as no trial evidence had been presented or submitted for decision. The case was returned to the trial level to proceed with the existing evidence, with the WCJ authorized to develop the record only if substantial evidence is lacking after that.
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