CompFox AI Summary
In this workers' compensation case, the Appeals Board denied the applicant's petition for removal, which sought to rescind an order allowing non-medical witness depositions to be sent to a Qualified Medical Evaluator (QME). While the employer admittedly violated Labor Code section 4062.3(b) by failing to provide prior notice of these depositions, the Board found that the applicant received due process because the judge deferred rulings on deposition objections until trial. The Board also noted that the QME had not yet made any determinations regarding personnel actions. Therefore, no substantial prejudice or irreparable harm was demonstrated, and the petition was denied.
Full Decision Text1 Pages
In this workers' compensation case, the Appeals Board denied the applicant's petition for removal, which sought to rescind an order allowing non-medical witness depositions to be sent to a Qualified Medical Evaluator (QME). While the employer admittedly violated Labor Code section 4062.3(b) by failing to provide prior notice of these depositions, the Board found that the applicant received due process because the judge deferred rulings on deposition objections until trial. The Board also noted that the QME had not yet made any determinations regarding personnel actions. Therefore, no substantial prejudice or irreparable harm was demonstrated, and the petition was denied.
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