CompFox AI Summary
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.
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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