CompFox AI Summary
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.
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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