CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for removal and rescinded the WCJ's August 18, 2016 order compelling discovery. The Board found the order to be overly broad and issued without a sufficient record to weigh discovery disputes. Furthermore, the relevance of the requested documents, particularly those dating back to the 1980s, was not adequately established, especially as the sole outstanding issue appears to be medical treatment. The case is returned to the trial level for further proceedings to clarify outstanding issues and create a proper record for any future discovery orders.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for removal and rescinded the WCJ's August 18, 2016 order compelling discovery. The Board found the order to be overly broad and issued without a sufficient record to weigh discovery disputes. Furthermore, the relevance of the requested documents, particularly those dating back to the 1980s, was not adequately established, especially as the sole outstanding issue appears to be medical treatment. The case is returned to the trial level for further proceedings to clarify outstanding issues and create a proper record for any future discovery orders.
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