CompFox AI Summary
The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, overturning a WCJ's order that reopened discovery for an absent, potentially uninsured employer. The Board found that continuing discovery beyond the Mandatory Settlement Conference (MSC) violated Labor Code section 5502(e)(3) absent good cause. The hearing scheduled for March 7, 2011, was redesignated as an MSC, and the case was returned to the trial level. If the employer fails to appear at this new MSC, discovery will close, and any subsequent evidence offered will be inadmissible without a showing of due diligence.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, overturning a WCJ's order that reopened discovery for an absent, potentially uninsured employer. The Board found that continuing discovery beyond the Mandatory Settlement Conference (MSC) violated Labor Code section 5502(e)(3) absent good cause. The hearing scheduled for March 7, 2011, was redesignated as an MSC, and the case was returned to the trial level. If the employer fails to appear at this new MSC, discovery will close, and any subsequent evidence offered will be inadmissible without a showing of due diligence.
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