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The Appeals Board granted defendant's Petition for Removal, rescinding the prior order denying their motion. This decision allows the defendant to compel the applicant to attend an evaluation with their vocational expert, despite no explicit statutory authority for such an order. The Board found this was necessary under Labor Code section 5708 to ascertain the substantial rights of the parties, especially since the applicant had already utilized his own vocational expert. The Board distinguished this case from Browne v. Superior Court, noting the current case does not involve a physical examination.
CHARLES HOLZ vs. GOTTCHALKS; SPECIALTY RISK SERVICES is a workers' compensation case decided in San Luis Obispo. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Luis Obispo.
Full Decision Text1 Pages
The Appeals Board granted defendant's Petition for Removal, rescinding the prior order denying their motion. This decision allows the defendant to compel the applicant to attend an evaluation with their vocational expert, despite no explicit statutory authority for such an order. The Board found this was necessary under Labor Code section 5708 to ascertain the substantial rights of the parties, especially since the applicant had already utilized his own vocational expert. The Board distinguished this case from Browne v. Superior Court, noting the current case does not involve a physical examination.
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