CompFox AI Summary
In this workers' compensation case, the defendant sought removal, arguing the QME should be disqualified and further discovery was warranted due to insufficient medical evidence. The Appeals Board denied the Petition for Removal, emphasizing it's an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The Board found the defendant failed to meet these high standards, and reconsideration after a final decision would be an adequate remedy. Therefore, the defendant's request to rescind the order continuing the matter to trial and closing discovery was denied.
Full Decision Text1 Pages
In this workers' compensation case, the defendant sought removal, arguing the QME should be disqualified and further discovery was warranted due to insufficient medical evidence. The Appeals Board denied the Petition for Removal, emphasizing it's an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The Board found the defendant failed to meet these high standards, and reconsideration after a final decision would be an adequate remedy. Therefore, the defendant's request to rescind the order continuing the matter to trial and closing discovery was denied.
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