CompFox AI Summary
The Appeals Board denied Defendant's Petition for Removal seeking to rescind an order continuing the case for trial and keeping discovery open. Defendant argued discovery was incomplete due to a lack of QME reports and inability to depose witnesses. The Board adopted the WCJ's report, stating the trial judge could address any QME delays and assess the defendant's due diligence regarding discovery at the trial. A dissenting commissioner believed the complex claim warranted taking the case off calendar pending further medical evaluation.
Full Decision Text1 Pages
The Appeals Board denied Defendant's Petition for Removal seeking to rescind an order continuing the case for trial and keeping discovery open. Defendant argued discovery was incomplete due to a lack of QME reports and inability to depose witnesses. The Board adopted the WCJ's report, stating the trial judge could address any QME delays and assess the defendant's due diligence regarding discovery at the trial. A dissenting commissioner believed the complex claim warranted taking the case off calendar pending further medical evaluation.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.