CompFox AI Summary
The Workers' Compensation Appeals Board granted defendant's petition for removal, rescinding the judge's order that denied a motion to quash a deposition of defense counsel. The Board found that depositions of opposing counsel are disfavored and require a high standard of cause, which was not met. Furthermore, the judge denied the motion without a hearing or proper justification, violating due process. The case is returned to the trial level for further proceedings, emphasizing the need for well-supported discovery requests given the age of the claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted defendant's petition for removal, rescinding the judge's order that denied a motion to quash a deposition of defense counsel. The Board found that depositions of opposing counsel are disfavored and require a high standard of cause, which was not met. Furthermore, the judge denied the motion without a hearing or proper justification, violating due process. The case is returned to the trial level for further proceedings, emphasizing the need for well-supported discovery requests given the age of the claim.
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