CompFox AI Summary
The Workers' Compensation Appeals Board granted removal to address the exclusion of sub rosa films and investigator testimony. The trial judge had excluded this evidence because it was disclosed late and not shown to treating doctors. However, the Board found that the defendant properly disclosed the evidence and investigators at the mandatory settlement conference per Labor Code § 5502(d)(3). The admissibility of the sub rosa films and investigator testimony is now deferred to the trial judge.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted removal to address the exclusion of sub rosa films and investigator testimony. The trial judge had excluded this evidence because it was disclosed late and not shown to treating doctors. However, the Board found that the defendant properly disclosed the evidence and investigators at the mandatory settlement conference per Labor Code § 5502(d)(3). The admissibility of the sub rosa films and investigator testimony is now deferred to the trial judge.
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