CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the trial judge's order to take the case off calendar for further discovery. The Board found the trial judge abused his discretion by ordering discovery without determining the current evidence was insufficient and without proper procedural grounds. Discovery was closed, and the applicant failed to show good cause to reopen it. The Board returned the cases to the trial level for a new trial based on the existing evidence.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the trial judge's order to take the case off calendar for further discovery. The Board found the trial judge abused his discretion by ordering discovery without determining the current evidence was insufficient and without proper procedural grounds. Discovery was closed, and the applicant failed to show good cause to reopen it. The Board returned the cases to the trial level for a new trial based on the existing evidence.
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