CompFox AI Summary
The Workers' Compensation Appeals Board denied applicant Anthony Cox's Petition for Removal, upholding the judge's decision to take the case off calendar. This was done to allow the defendant to depose the agreed medical examiner regarding apportionment of the applicant's permanent disability to non-industrial obesity. The Board found that clarification of the AME's opinion served both parties' interests and that removal was not warranted as applicant failed to demonstrate substantial prejudice or irreparable harm. The dissenting opinion argued that discovery should have closed per statute and that further development of the record was premature before trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied applicant Anthony Cox's Petition for Removal, upholding the judge's decision to take the case off calendar. This was done to allow the defendant to depose the agreed medical examiner regarding apportionment of the applicant's permanent disability to non-industrial obesity. The Board found that clarification of the AME's opinion served both parties' interests and that removal was not warranted as applicant failed to demonstrate substantial prejudice or irreparable harm. The dissenting opinion argued that discovery should have closed per statute and that further development of the record was premature before trial.
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