CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration, deeming the WCJ's discovery order non-final. However, the Board granted the defendant's Petition for Removal, finding that the WCJ erred by not considering a newly discovered Index System Report. This report, indicating a prior motor vehicle accident, was listed as a proposed exhibit, making it potentially admissible. Consequently, the WCJ's order denying further depositions was rescinded, and the case was returned to the trial level for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration, deeming the WCJ's discovery order non-final. However, the Board granted the defendant's Petition for Removal, finding that the WCJ erred by not considering a newly discovered Index System Report. This report, indicating a prior motor vehicle accident, was listed as a proposed exhibit, making it potentially admissible. Consequently, the WCJ's order denying further depositions was rescinded, and the case was returned to the trial level for further proceedings.
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