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The Workers' Compensation Appeals Board granted the defendant's petition for removal. This decision rescinded the previous order allowing the applicant to obtain a supplemental medical report, as discovery had closed at the Mandatory Settlement Conference without a showing of good cause. The Board found the trial judge's continuance to be premature and that it caused the defendant substantial prejudice. The case was returned to the trial level to proceed with the scheduled trial date.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for removal. This decision rescinded the previous order allowing the applicant to obtain a supplemental medical report, as discovery had closed at the Mandatory Settlement Conference without a showing of good cause. The Board found the trial judge's continuance to be premature and that it caused the defendant substantial prejudice. The case was returned to the trial level to proceed with the scheduled trial date.
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