CompFox AI Summary
The applicant sought removal from a trial setting, arguing discovery was incomplete and the treating physician had not issued a permanent and stationary report. The Appeals Board denied the petition, finding no irreparable harm or substantial prejudice to justify this extraordinary remedy. The Board noted that issues regarding discovery diligence and the need for further evidence can be raised before the trial judge. Reconsideration remains an adequate remedy should an adverse decision issue later.
Full Decision Text1 Pages
The applicant sought removal from a trial setting, arguing discovery was incomplete and the treating physician had not issued a permanent and stationary report. The Appeals Board denied the petition, finding no irreparable harm or substantial prejudice to justify this extraordinary remedy. The Board noted that issues regarding discovery diligence and the need for further evidence can be raised before the trial judge. Reconsideration remains an adequate remedy should an adverse decision issue later.
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