Home/Case Law/NAGWA TANIOUS vs. BASKIN ROBBINS, PREFERRED EMPLOYERS INSURANCE COMPANY
Regular DecisionRemoval

NAGWA TANIOUS vs. BASKIN ROBBINS, PREFERRED EMPLOYERS INSURANCE COMPANY

Filed: Mar 21, 2009
San Francisco
ADJ3015108 (VNO 0478438) ADJ2859322 (VNO 0478439)

CompFox AI Summary

The applicant sustained an industrial injury and received a stipulated award, later seeking to reopen for new and further disability. The defendant's Declaration of Readiness to Proceed was not objected to by the applicant, and discovery was scheduled to close at the Mandatory Settlement Conference. The Workers' Compensation Appeals Board granted the defendant's petition for removal, finding the applicant's asserted "excusable neglect" for failing to schedule an Agreed Medical Evaluator's deposition was not due diligence. Consequently, discovery is now closed, and the matter is returned to the trial level for further proceedings.

Full Decision Text1 Pages

The applicant sustained an industrial injury and received a stipulated award, later seeking to reopen for new and further disability. The defendant's Declaration of Readiness to Proceed was not objected to by the applicant, and discovery was scheduled to close at the Mandatory Settlement Conference. The Workers' Compensation Appeals Board granted the defendant's petition for removal, finding the applicant's asserted "excusable neglect" for failing to schedule an Agreed Medical Evaluator's deposition was not due diligence. Consequently, discovery is now closed, and the matter is returned to the trial level for further proceedings.

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NAGWA TANIOUS vs. BASKIN ROBBINS, PREFERRED EMPLOYERS INSURANCE COMPANY (2009) – San Francisco | CompFox