CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, finding no substantial prejudice or irreparable harm. The defendant sought to depose the deceased original PQME to clarify the date of injury, but the Board adopted the WCJ's reasoning. The WCJ found the defendant failed to show good cause for the deposition, as a subsequent AME's opinion change on the date of injury did not invalidate the prior PQME's findings. Removal is an extraordinary remedy granted only in exceptional circumstances.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, finding no substantial prejudice or irreparable harm. The defendant sought to depose the deceased original PQME to clarify the date of injury, but the Board adopted the WCJ's reasoning. The WCJ found the defendant failed to show good cause for the deposition, as a subsequent AME's opinion change on the date of injury did not invalidate the prior PQME's findings. Removal is an extraordinary remedy granted only in exceptional circumstances.
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