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Regular DecisionRemoval

Corey Abel vs. BEST BUY COMPANY, GALLAGHER BASSETT

Filed: May 24, 2010
ADJ850295 (GRO 0035125)

CompFox AI Summary

The Workers' Compensation Appeals Board granted Best Buy's petition for removal, rescinding the administrative law judge's order closing discovery and setting trial. Defendant Best Buy argued the judge erred by closing discovery before a crucial deposition of the Agreed Medical Evaluator (AME), Dr. Strait, which was scheduled to clarify inconsistencies and permanent disability opinions. The Board found the deposition necessary for a complete record and to facilitate a fair decision or potential settlement. The case is returned to the trial level for further proceedings, including completion of the AME's deposition.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted Best Buy's petition for removal, rescinding the administrative law judge's order closing discovery and setting trial. Defendant Best Buy argued the judge erred by closing discovery before a crucial deposition of the Agreed Medical Evaluator (AME), Dr. Strait, which was scheduled to clarify inconsistencies and permanent disability opinions. The Board found the deposition necessary for a complete record and to facilitate a fair decision or potential settlement. The case is returned to the trial level for further proceedings, including completion of the AME's deposition.

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Corey Abel vs. BEST BUY COMPANY, GALLAGHER BASSETT (2010) – | CompFox