CompFox AI Summary
Defendant C&D Aerospace petitioned for removal after the WCJ set the case for trial without ruling on outstanding discovery disputes. The disputes involve compelling further deposition of the applicant and his wife (a lien claimant for home health care) and requiring the applicant to meet with defendant's home health expert. The Appeals Board granted removal, rescinded the trial setting order, and returned the matter to the trial level for a status conference to resolve discovery issues. This ensures the defendant can obtain necessary discovery before the case proceeds to trial, preventing potential prejudice.
Full Decision Text1 Pages
Defendant C&D Aerospace petitioned for removal after the WCJ set the case for trial without ruling on outstanding discovery disputes. The disputes involve compelling further deposition of the applicant and his wife (a lien claimant for home health care) and requiring the applicant to meet with defendant's home health expert. The Appeals Board granted removal, rescinded the trial setting order, and returned the matter to the trial level for a status conference to resolve discovery issues. This ensures the defendant can obtain necessary discovery before the case proceeds to trial, preventing potential prejudice.
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