CompFox AI Summary
The Appeals Board denied Liberty Mutual's Petition for Removal, affirming the WCJ's order compelling production of documents via notice. Despite Liberty's argument that Code of Civil Procedure Section 2031 discovery methods are invalid in workers' compensation, the Board found a notice to produce documents is permissible under WCAB Rule 10532 when served on a party. The matter was returned to the trial level for mandatory arbitration regarding insurance coverage, as required by Labor Code Section 5275(a).
Full Decision Text1 Pages
The Appeals Board denied Liberty Mutual's Petition for Removal, affirming the WCJ's order compelling production of documents via notice. Despite Liberty's argument that Code of Civil Procedure Section 2031 discovery methods are invalid in workers' compensation, the Board found a notice to produce documents is permissible under WCAB Rule 10532 when served on a party. The matter was returned to the trial level for mandatory arbitration regarding insurance coverage, as required by Labor Code Section 5275(a).
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