CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the WCJ's decision on evidentiary and procedural issues was not a final order. However, the WCAB granted removal, finding that the exclusion of vocational rehabilitation evidence would cause significant prejudice. The WCAB rescinded the WCJ's order and returned the case to the trial level. This action allows for further proceedings and a decision on the vocational evidence, considering it was not available at the time of the mandatory settlement conference and there was no allegation of lack of diligence.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the WCJ's decision on evidentiary and procedural issues was not a final order. However, the WCAB granted removal, finding that the exclusion of vocational rehabilitation evidence would cause significant prejudice. The WCAB rescinded the WCJ's order and returned the case to the trial level. This action allows for further proceedings and a decision on the vocational evidence, considering it was not available at the time of the mandatory settlement conference and there was no allegation of lack of diligence.
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