CompFox AI Summary
The Appeals Board granted removal, rescinding a trial judge's order to reopen discovery for applicant's internal medicine claims. Applicant sought to develop evidence for digestive and diabetes injuries after the Mandatory Settlement Conference (MSC), but discovery legally closed on the MSC date. The Board found no good cause for applicant's failure to conduct this discovery earlier, citing Labor Code section 5502(d)(3)'s prohibition against admitting evidence obtained after the MSC without a showing of due diligence.
Full Decision Text1 Pages
The Appeals Board granted removal, rescinding a trial judge's order to reopen discovery for applicant's internal medicine claims. Applicant sought to develop evidence for digestive and diabetes injuries after the Mandatory Settlement Conference (MSC), but discovery legally closed on the MSC date. The Board found no good cause for applicant's failure to conduct this discovery earlier, citing Labor Code section 5502(d)(3)'s prohibition against admitting evidence obtained after the MSC without a showing of due diligence.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.