CHRISTOPHER LEEN vs. CHART HOUSE ENTERPRISES, GALLAGHER BASSETT SERVICES, INC.
The Workers' Compensation Appeals Board granted removal and rescinded an order compelling the applicant's attendance at a medical evaluation. The applicant argued they were denied due process because the judge issued the order compelling attendance and suspending proceedings just one day after the applicant received the defendant's petition, without a hearing or proper notice. The Board agreed that the rapid issuance of the order violated due process rights, particularly as it suspended the applicant's ability to proceed with their case. The matter was returned to the trial level for further proceedings, allowing the applicant an opportunity to be heard.