CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the judge's order to take the cases off calendar. The judge had determined further medical evidence was needed before trial, but the Board found this premature, as no evidence had yet been admitted. The Board stated that the necessity of augmenting the medical record can only be established after trial or submission for decision, not beforehand. The cases were returned to the trial level to be set for trial, with the judge retaining the power to supplement the record if necessary post-trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the judge's order to take the cases off calendar. The judge had determined further medical evidence was needed before trial, but the Board found this premature, as no evidence had yet been admitted. The Board stated that the necessity of augmenting the medical record can only be established after trial or submission for decision, not beforehand. The cases were returned to the trial level to be set for trial, with the judge retaining the power to supplement the record if necessary post-trial.
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