CompFox AI Summary
The Oakland Housing Authority (OHA) sought removal of a workers' compensation case after the judge limited its discovery by excluding a medical report obtained post-applicant's election to proceed against a co-defendant. OHA argued this prejudiced its ability to contest the date of injury, a critical issue since its potential liability could be outside the identified period. The Appeals Board denied OHA's petition, finding no extraordinary circumstances or irreparable harm, as Labor Code section 5500.5 preserves OHA's rights in supplemental proceedings. A dissenting commissioner argued the election was premature given the disputed date of injury, which significantly prejudiced OHA.
Full Decision Text1 Pages
The Oakland Housing Authority (OHA) sought removal of a workers' compensation case after the judge limited its discovery by excluding a medical report obtained post-applicant's election to proceed against a co-defendant. OHA argued this prejudiced its ability to contest the date of injury, a critical issue since its potential liability could be outside the identified period. The Appeals Board denied OHA's petition, finding no extraordinary circumstances or irreparable harm, as Labor Code section 5500.5 preserves OHA's rights in supplemental proceedings. A dissenting commissioner argued the election was premature given the disputed date of injury, which significantly prejudiced OHA.
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