CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for removal. The defendant argued that continuing a hearing for further medical documentation would cause irreparable harm and that discovery should have closed. However, the Board found that the defendant failed to demonstrate significant prejudice or irreparable harm, and that reconsideration after a final decision would be an adequate remedy. The applicant's due diligence in obtaining a required report from the primary treating physician, despite conflicting information about its transcription status, supported the WCJ's decision to continue the matter.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for removal. The defendant argued that continuing a hearing for further medical documentation would cause irreparable harm and that discovery should have closed. However, the Board found that the defendant failed to demonstrate significant prejudice or irreparable harm, and that reconsideration after a final decision would be an adequate remedy. The applicant's due diligence in obtaining a required report from the primary treating physician, despite conflicting information about its transcription status, supported the WCJ's decision to continue the matter.
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