CompFox AI Summary
In this workers' compensation case, the defendant, Albertson's, petitioned for removal, seeking to rescind an order continuing the cases to trial. The defendant argued the applicant's Declaration of Readiness to Proceed was deficient regarding settlement efforts and that they had a due process right to depose Agreed Medical Evaluators (AMEs). The Appeals Board denied the petition, finding the defendant failed to demonstrate substantial prejudice from the alleged DOR defect. The Board also noted the trial judge has authority to order further discovery if needed post-trial.
Full Decision Text1 Pages
In this workers' compensation case, the defendant, Albertson's, petitioned for removal, seeking to rescind an order continuing the cases to trial. The defendant argued the applicant's Declaration of Readiness to Proceed was deficient regarding settlement efforts and that they had a due process right to depose Agreed Medical Evaluators (AMEs). The Appeals Board denied the petition, finding the defendant failed to demonstrate substantial prejudice from the alleged DOR defect. The Board also noted the trial judge has authority to order further discovery if needed post-trial.
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