CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for removal of a WCJ's Minute Order. The defendant argued the order to obtain a supplemental medical report was an abuse of discretion and an attempt to rescue the applicant after discovery closed. However, the Board found the petition untimely as it was filed more than 25 days after the February Order, and the Minute Order itself failed to establish sufficient prejudice. Additionally, the Board deferred the issue of sanctions against the defendant's attorney to the WCJ for intentionally providing inaccurate and misleading statements.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for removal of a WCJ's Minute Order. The defendant argued the order to obtain a supplemental medical report was an abuse of discretion and an attempt to rescue the applicant after discovery closed. However, the Board found the petition untimely as it was filed more than 25 days after the February Order, and the Minute Order itself failed to establish sufficient prejudice. Additionally, the Board deferred the issue of sanctions against the defendant's attorney to the WCJ for intentionally providing inaccurate and misleading statements.
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