CompFox AI Summary
The defendant sought reconsideration of an order for further development of the record regarding the applicant's competency. The applicant had previously sustained industrial injuries, including to his psyche, resulting in an $88%$ permanent disability award. The judge ordered a comprehensive evaluation to determine the applicant's competency from 2006 to the present. The Board dismissed the petition, ruling that the order for further discovery was not a final order and thus not subject to reconsideration. The dissenting opinion argued that while the petition was procedurally flawed, the order for further development should be rescinded as the record did not support a finding of incompetency.
Full Decision Text1 Pages
The defendant sought reconsideration of an order for further development of the record regarding the applicant's competency. The applicant had previously sustained industrial injuries, including to his psyche, resulting in an $88%$ permanent disability award. The judge ordered a comprehensive evaluation to determine the applicant's competency from 2006 to the present. The Board dismissed the petition, ruling that the order for further discovery was not a final order and thus not subject to reconsideration. The dissenting opinion argued that while the petition was procedurally flawed, the order for further development should be rescinded as the record did not support a finding of incompetency.
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