CompFox AI Summary
In this workers' compensation case, the defendant sought removal to challenge the WCJ's order to take the case off calendar to depose the primary treating physician regarding deficiencies in the permanent and stationary report. The defendant argued the WCJ lacked the power to order further record development before trial and would suffer irreparable harm. The Appeals Board denied the petition, finding the WCJ's order to develop the record was correct as the treating physician's report was the only one addressing permanent disability and lacked substantial evidence. The Board also rejected the defendant's claim of irreparable harm from going to trial on an inadequate record.
Full Decision Text1 Pages
In this workers' compensation case, the defendant sought removal to challenge the WCJ's order to take the case off calendar to depose the primary treating physician regarding deficiencies in the permanent and stationary report. The defendant argued the WCJ lacked the power to order further record development before trial and would suffer irreparable harm. The Appeals Board denied the petition, finding the WCJ's order to develop the record was correct as the treating physician's report was the only one addressing permanent disability and lacked substantial evidence. The Board also rejected the defendant's claim of irreparable harm from going to trial on an inadequate record.
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