CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the order allowing further discovery. The Board found that discovery should have closed at the mandatory settlement conference on March 7, 2012, as per statute. The judge erred in allowing further discovery without a threshold determination of deficient medical opinions, especially since the case had not yet proceeded to trial or submission. The matter was returned to the trial level for further proceedings, with discovery closed as of the original settlement conference date.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the order allowing further discovery. The Board found that discovery should have closed at the mandatory settlement conference on March 7, 2012, as per statute. The judge erred in allowing further discovery without a threshold determination of deficient medical opinions, especially since the case had not yet proceeded to trial or submission. The matter was returned to the trial level for further proceedings, with discovery closed as of the original settlement conference date.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.