CompFox AI Summary
In this workers' compensation case, the Appeals Board granted removal and rescinded an administrative law judge's order vacating submission to develop the record. The defendant argued that the order prejudiced their due process rights by allowing the applicant to further develop evidence on apportionment when the threshold issue of injury AOE/COE had not yet been decided. The Board found that developing the record on apportionment was premature before a determination on causation. Consequently, the case was returned to the WCJ for a decision on the submitted issues.
Full Decision Text1 Pages
In this workers' compensation case, the Appeals Board granted removal and rescinded an administrative law judge's order vacating submission to develop the record. The defendant argued that the order prejudiced their due process rights by allowing the applicant to further develop evidence on apportionment when the threshold issue of injury AOE/COE had not yet been decided. The Board found that developing the record on apportionment was premature before a determination on causation. Consequently, the case was returned to the WCJ for a decision on the submitted issues.
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