CompFox AI Summary
The defendant sought removal, arguing that lien claimants failed to provide evidence supporting their claims, which had been dismissed and then twice reinstated by the WCJ. The Appeals Board granted removal, finding the WCJ improperly rescinded dismissal orders without a proper record, trial, or admitted evidence. While acknowledging the WCJ's attempt to preserve resources, the Board noted the elapsed trial date. The case is now returned to the trial level for setting and resolution, with discovery closed as of November 15, 2011.
Full Decision Text1 Pages
The defendant sought removal, arguing that lien claimants failed to provide evidence supporting their claims, which had been dismissed and then twice reinstated by the WCJ. The Appeals Board granted removal, finding the WCJ improperly rescinded dismissal orders without a proper record, trial, or admitted evidence. While acknowledging the WCJ's attempt to preserve resources, the Board noted the elapsed trial date. The case is now returned to the trial level for setting and resolution, with discovery closed as of November 15, 2011.
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