CompFox AI Summary
The Appeals Board denied the applicant's petition for removal, which sought to delay trial due to allegedly incomplete discovery. The applicant argued a PQME report was not substantial evidence and that the matter was not ready for trial. However, the Board found the applicant failed to demonstrate substantial prejudice or irreparable harm, noting the trial judge can address further record development. A dissenting opinion argued that denying removal would deprive the applicant of due process and cause irreparable harm by preventing clarification from the PQME regarding a significant change in potential permanent disability awards.
Full Decision Text1 Pages
The Appeals Board denied the applicant's petition for removal, which sought to delay trial due to allegedly incomplete discovery. The applicant argued a PQME report was not substantial evidence and that the matter was not ready for trial. However, the Board found the applicant failed to demonstrate substantial prejudice or irreparable harm, noting the trial judge can address further record development. A dissenting opinion argued that denying removal would deprive the applicant of due process and cause irreparable harm by preventing clarification from the PQME regarding a significant change in potential permanent disability awards.
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