CompFox AI Summary
Defendant Staff Management/SMX sought removal after their case was taken off calendar, arguing they were not liable for the applicant's cumulative trauma claim as they were not the last employer within the relevant period. The Appeals Board denied removal, finding no irreparable harm or substantial prejudice to SMX. The Board agreed with the WCJ that further discovery is needed to determine liability for cumulative trauma claims, as the last employer is not always solely responsible. Therefore, the applicant's claim will proceed to allow for proper investigation and determination of fault.
Full Decision Text1 Pages
Defendant Staff Management/SMX sought removal after their case was taken off calendar, arguing they were not liable for the applicant's cumulative trauma claim as they were not the last employer within the relevant period. The Appeals Board denied removal, finding no irreparable harm or substantial prejudice to SMX. The Board agreed with the WCJ that further discovery is needed to determine liability for cumulative trauma claims, as the last employer is not always solely responsible. Therefore, the applicant's claim will proceed to allow for proper investigation and determination of fault.
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