CompFox AI Summary
The defendant employer sought removal to challenge an order compelling the deposition of their claims adjuster and production of documents. The defendant argued that as a legally uninsured employer, discovery from their adjuster (SCIF/SCS) required subpoenas, not just notice. The Appeals Board denied removal, holding that workers' compensation proceedings are not bound by civil discovery rules and the adjuster, as the employer's agent, is subject to discovery via notice. The Board found no irreparable prejudice and affirmed the WCJ's order compelling discovery.
Full Decision Text1 Pages
The defendant employer sought removal to challenge an order compelling the deposition of their claims adjuster and production of documents. The defendant argued that as a legally uninsured employer, discovery from their adjuster (SCIF/SCS) required subpoenas, not just notice. The Appeals Board denied removal, holding that workers' compensation proceedings are not bound by civil discovery rules and the adjuster, as the employer's agent, is subject to discovery via notice. The Board found no irreparable prejudice and affirmed the WCJ's order compelling discovery.
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