CompFox AI Summary
The Appeals Board dismissed the Defendant's Petition for Reconsideration because the WCJ's order was interlocutory, not a final order. However, the Board granted removal, rescinded the WCJ's order to develop the record, and returned the case for decision on the existing record. This was due to the prejudice to the Defendant caused by the WCJ's order to supplement evidence after submission, which improperly circumvented discovery rules and appeared to assist the applicant. The Board noted contradictory findings by the WCJ regarding the sufficiency of the evidence.
Full Decision Text1 Pages
The Appeals Board dismissed the Defendant's Petition for Reconsideration because the WCJ's order was interlocutory, not a final order. However, the Board granted removal, rescinded the WCJ's order to develop the record, and returned the case for decision on the existing record. This was due to the prejudice to the Defendant caused by the WCJ's order to supplement evidence after submission, which improperly circumvented discovery rules and appeared to assist the applicant. The Board noted contradictory findings by the WCJ regarding the sufficiency of the evidence.
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