DANNY KENZY vs. PENSKE TRUCK LEASING, OLD REPUBLIC INSURANCE
This case concerns a defendant's Petition for Removal of an order closing discovery. The defendant argued the order, which prohibited the use of subrosa evidence at depositions of the applicant's vocational expert and PQME, denied them due process and irreparably harmed their ability to rebut the applicant's claim of 100% permanent and total disability. The Appeals Board granted removal, finding the defendant acted with due diligence in obtaining and disclosing the subrosa evidence. The Board amended the order to permit the defendant to use the subrosa evidence during these depositions, deeming it crucial for rebuttal.