CompFox AI Summary
The Appeals Board granted the defendant's petition for removal and rescinded the Order to Show Cause re: Sanctions. The Board found the WCJ's order compelling the claims adjuster's attendance at a Mandatory Settlement Conference with only 90 minutes notice and a 47-mile commute was unreasonable and violated due process. While the WCJ has authority to order appearances, the manner of the order and the lack of reasonable notice rendered the subsequent sanction order an excess of authority. The Board concluded that the adjuster's failure to appear under these circumstances did not constitute bad-faith tactics.
Full Decision Text1 Pages
The Appeals Board granted the defendant's petition for removal and rescinded the Order to Show Cause re: Sanctions. The Board found the WCJ's order compelling the claims adjuster's attendance at a Mandatory Settlement Conference with only 90 minutes notice and a 47-mile commute was unreasonable and violated due process. While the WCJ has authority to order appearances, the manner of the order and the lack of reasonable notice rendered the subsequent sanction order an excess of authority. The Board concluded that the adjuster's failure to appear under these circumstances did not constitute bad-faith tactics.
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