What the panel ordered
The Petition for Removal is denied, allowing the matter to proceed to trial with the possibility of further discovery if the WCJ orders it.
Defendant filed a timely Petition for Removal of two pre-trial orders issued by the WCJ on December 30, 2021, which denied defendant's request for continued discovery and ordered the matter set for trial.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board found no substantial prejudice or irreparable harm from denying further discovery and concluded reconsideration would be an adequate remedy if the matter proceeds to final decision.
From the decision · page 1Defendant, Cypress Insurance Company, filed a timely Petition for Removal of two pre- trial orders issued by the workers' compensation administrative law judge (WCJ) on December 30, 2021, whereby the WCJ denied defendant's request for continued discovery and ordered the matter set for trial. Defendant contends that it was denied due process by the WCJ's decision to close discovery and move forward with trial.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.