CompFox AI Summary
In this workers' compensation case, the Appeals Board granted defendant's Petition for Removal to address the dismissal of their Petition to Quash a subpoena duces tecum (SDT). The defendant argued the SDT was improperly served only on the defendant, not their counsel, despite notice of representation being filed. The Board agreed that failure to serve counsel renders an SDT void ab initio. Consequently, the Appeals Board rescinded the WCJ's dismissal order and returned the matter to the trial level for a merits determination of the Petition to Quash.
Full Decision Text1 Pages
In this workers' compensation case, the Appeals Board granted defendant's Petition for Removal to address the dismissal of their Petition to Quash a subpoena duces tecum (SDT). The defendant argued the SDT was improperly served only on the defendant, not their counsel, despite notice of representation being filed. The Board agreed that failure to serve counsel renders an SDT void ab initio. Consequently, the Appeals Board rescinded the WCJ's dismissal order and returned the matter to the trial level for a merits determination of the Petition to Quash.
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