CompFox AI Summary
The Workers' Compensation Appeals Board denied Defendant Cardinal Health's petition for removal, affirming the Administrative Law Judge's order allowing Applicant's attorney to depose the claims adjuster. The deposition is relevant to Applicant's claims for penalties and sanctions concerning alleged failures to pay temporary disability indemnity and for other delays in benefits. While the Board cautioned Applicant's counsel regarding extravagant rhetoric in his petitions, it found no sufficient prejudice to Defendant to warrant rescinding the deposition order. The Board determined the adjuster likely possesses information pertinent to the alleged misconduct supporting Applicant's claims.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Defendant Cardinal Health's petition for removal, affirming the Administrative Law Judge's order allowing Applicant's attorney to depose the claims adjuster. The deposition is relevant to Applicant's claims for penalties and sanctions concerning alleged failures to pay temporary disability indemnity and for other delays in benefits. While the Board cautioned Applicant's counsel regarding extravagant rhetoric in his petitions, it found no sufficient prejudice to Defendant to warrant rescinding the deposition order. The Board determined the adjuster likely possesses information pertinent to the alleged misconduct supporting Applicant's claims.
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