CompFox AI Summary
The WCAB denied the defendant's petition for reconsideration because the WCJ's order regarding calling an expert witness was not a final order. However, the Board granted the defendant's petition for removal, rescinding the WCJ's previous order. This action was based on the finding that Evidence Code section 776 does not permit an applicant to call an opposing party's expert witness during their case-in-chief. The case was returned to the trial level for further proceedings.
Full Decision Text1 Pages
The WCAB denied the defendant's petition for reconsideration because the WCJ's order regarding calling an expert witness was not a final order. However, the Board granted the defendant's petition for removal, rescinding the WCJ's previous order. This action was based on the finding that Evidence Code section 776 does not permit an applicant to call an opposing party's expert witness during their case-in-chief. The case was returned to the trial level for further proceedings.
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