CompFox AI Summary
The Workers' Compensation Appeals Board denied a lien claimant's petition for removal, which sought to rescind an order closing discovery and continuing the trial. The lien claimant argued they had not received necessary medical reports to prove their lien. The majority adopted the WCJ's reasoning for denial, while a dissenting commissioner argued the defendant violated discovery rules by failing to serve the reports and that the case should have been postponed until service occurred. The dissenting opinion also highlighted the lien claimant's potential violation of Rule 10622 by failing to disclose reports.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a lien claimant's petition for removal, which sought to rescind an order closing discovery and continuing the trial. The lien claimant argued they had not received necessary medical reports to prove their lien. The majority adopted the WCJ's reasoning for denial, while a dissenting commissioner argued the defendant violated discovery rules by failing to serve the reports and that the case should have been postponed until service occurred. The dissenting opinion also highlighted the lien claimant's potential violation of Rule 10622 by failing to disclose reports.
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