CompFox AI Summary
This case concerns a workers' compensation death claim for Jose Lugo, with Aracely Lugo as the applicant. The defendant, A. Rivera Trucking, Inc. and State Compensation Insurance Fund, sought removal from the Workers' Compensation Appeals Board (WCAB) after their request to delay a mandatory settlement conference for further discovery on dependency issues was denied. The defendant also objected to the bifurcation of the Serious and Willful Misconduct claim, arguing it would cause prejudice. The WCAB denied the petition for removal, adopting the WCJ's report which found the defendant had not demonstrated due diligence in pursuing discovery and had previously stipulated to bifurcating the Serious and Willful Misconduct claim.
Full Decision Text1 Pages
This case concerns a workers' compensation death claim for Jose Lugo, with Aracely Lugo as the applicant. The defendant, A. Rivera Trucking, Inc. and State Compensation Insurance Fund, sought removal from the Workers' Compensation Appeals Board (WCAB) after their request to delay a mandatory settlement conference for further discovery on dependency issues was denied. The defendant also objected to the bifurcation of the Serious and Willful Misconduct claim, arguing it would cause prejudice. The WCAB denied the petition for removal, adopting the WCJ's report which found the defendant had not demonstrated due diligence in pursuing discovery and had previously stipulated to bifurcating the Serious and Willful Misconduct claim.
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