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The WCAB vacated its prior order granting reconsideration and dismissed the lien claimant's petition because the appealed WCJ order was not a final, appealable decision. However, the Board granted removal due to the WCJ's procedural error in striking a medical report via an unauthorized walk-through order, which violated due process and WCAB rules. The case is returned to the trial level for proper proceedings on the defendant's discovery motion regarding the physician's deposition. The WCJ can then address issues like deposition fees and potential sanctions if the physician fails to comply.
JOSE VELEZ vs. PROGRESSIVE PRODUCE, ZURICH is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The WCAB vacated its prior order granting reconsideration and dismissed the lien claimant's petition because the appealed WCJ order was not a final, appealable decision. However, the Board granted removal due to the WCJ's procedural error in striking a medical report via an unauthorized "walk-through" order, which violated due process and WCAB rules. The case is returned to the trial level for proper proceedings on the defendant's discovery motion regarding the physician's deposition. The WCJ can then address issues like deposition fees and potential sanctions if the physician fails to comply.
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