CompFox AI Summary
In Jackson v. Pitney Bowes, Inc., the employer successfully petitioned for removal, seeking to rescind an order that kept the case off calendar for an Agreed Medical Evaluator's (AME) deposition. The Appeals Board found that discovery should have closed at the mandatory settlement conference (MSC) pursuant to Labor Code section 5502(d)(3). Since the applicant failed to demonstrate due diligence in completing discovery prior to the MSC, the Board granted removal, closed discovery as of July 23, 2013, and returned the case to the trial level for further proceedings.
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In Jackson v. Pitney Bowes, Inc., the employer successfully petitioned for removal, seeking to rescind an order that kept the case off calendar for an Agreed Medical Evaluator's (AME) deposition. The Appeals Board found that discovery should have closed at the mandatory settlement conference (MSC) pursuant to Labor Code section 5502(d)(3). Since the applicant failed to demonstrate due diligence in completing discovery prior to the MSC, the Board granted removal, closed discovery as of July 23, 2013, and returned the case to the trial level for further proceedings.
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