CompFox AI Summary
The defendant sought removal of a Workers' Compensation Administrative Law Judge's (WCJ) order that granted the Employment Development Department's (EDD) motion to quash a subpoena. The Appeals Board found that the WCJ issued the order summarily without a hearing or creating an evidentiary record, which constituted a violation of due process. Consequently, the Board granted the defendant's petition for removal, rescinded the WCJ's order, and returned the case to the trial level for further proceedings consistent with its opinion.
Full Decision Text1 Pages
The defendant sought removal of a Workers' Compensation Administrative Law Judge's (WCJ) order that granted the Employment Development Department's (EDD) motion to quash a subpoena. The Appeals Board found that the WCJ issued the order summarily without a hearing or creating an evidentiary record, which constituted a violation of due process. Consequently, the Board granted the defendant's petition for removal, rescinded the WCJ's order, and returned the case to the trial level for further proceedings consistent with its opinion.
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