CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted a petition for removal and rescinded a trial setting order. Defendant BBSI argued that proceeding to trial before completing discovery related to the Qualified Medical Evaluator (PQME) would cause significant prejudice. The WCAB agreed, finding that discovery concerning the PQME's final opinion on causation for a cumulative trauma injury was still pending and essential. The case is returned to the trial level, converting the scheduled trial to a status conference for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted a petition for removal and rescinded a trial setting order. Defendant BBSI argued that proceeding to trial before completing discovery related to the Qualified Medical Evaluator (PQME) would cause significant prejudice. The WCAB agreed, finding that discovery concerning the PQME's final opinion on causation for a cumulative trauma injury was still pending and essential. The case is returned to the trial level, converting the scheduled trial to a status conference for further proceedings.
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