CompFox AI Summary
The Appeals Board granted the defendant's petition for removal, rescinding a previous order that mandated a stenographically recorded vocational evaluation. The Board found that the WCJ erred by applying the Code of Civil Procedure to a workers' compensation vocational examination, for which no specific recording rules exist. Crucially, the Board noted that the order was made without a sufficient record or evidence regarding potential disruption. Therefore, the case was returned to the trial level for further proceedings to establish whether a court reporter's presence would interfere with the examination.
Full Decision Text1 Pages
The Appeals Board granted the defendant's petition for removal, rescinding a previous order that mandated a stenographically recorded vocational evaluation. The Board found that the WCJ erred by applying the Code of Civil Procedure to a workers' compensation vocational examination, for which no specific recording rules exist. Crucially, the Board noted that the order was made without a sufficient record or evidence regarding potential disruption. Therefore, the case was returned to the trial level for further proceedings to establish whether a court reporter's presence would interfere with the examination.
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